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[openip] OpenIP Licenses draft0.15



[This is the draft version of the OpenIP gpl-like license
posted by Jamil Khatib; GS.]

> From: khatib@ieee.org
> To: openip@eGroups.com
> 
> Hi
> Finally I wrote the second draft of OpenIP Hardware public license.
> I took few things from GPL and from your comments (Adams, Please
> correct me if I missed something of your comments).
> 
> Please check it and give me your comments and I'll try to check if I
> violated some laws by adopting few paragraphs from GPL.
> 
> Please read the tagged comments inside the License.
> 
> 
> Thanks
> Jamil Khatib
> OpenIP Organization
> http://www.openip.org
> 
>                    OpenIP General Hardware Public License
> 		   Draft Version 0.15-051099 October 1999
> 
>  Copyright (C) 1999  OpenIP Organization.
>                           
> Everyone is permitted to copy and distribute verbatim copies  of this
> license document, but changing it is not allowed.
> 
> 
> <Is there any problem if we adopt few paragraphs from GNU Public
> License? I can add large blocks from the preamble. I think we need to
> contact them to check if we are violating their copyright>
> 
> 
> OpenIP/OpenCore License terms.
> 
> TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION, MODIFICATION AND
> IMPLEMENTATIONS
> 
> 1. This license applies to hardware designs including the design ideas,
> architectures, microcode instructions source and supporting files (e.g.
> schematics, net-lists, HDLs, PCB layouts, chip & silicon cells layouts,
> Timing diagrams, truth tables, flow charts, state diagrams, block
> diagrams, Documentations, software drivers <What Else> etc...) Or any
> other work which contains a notice placed by the copyright holder
> saying it may be distributed under the terms of this General Hardware
> Public License. The "Hardware Design", below refers to any such work. 
> 
> Activities other than copying, distribution, modification and
> implementations are not covered by this License <Comments Please>; they
> are outside its scope.  The act of operating the design is not
> restricted, and the output of it is covered only if its contents
> constitute a work based on the original work.< This appears in GPL I am
> not sure if it is applicable for hardware designs, so comment please>
> 
> 
> 2. You may copy, publish, distribute or/and implement this Hardware
> Design or any portion of it as is. Any time you copy or distribute this
> design you have to provide all of the source files and documentations
> that came with the work.
> 
> 3. Any modifications of this hardware design or any derivative work
> from it should be documented and protected by the same license.
> The term Derivative work means any changes, improvements or porting the
> original work to other environments or platforms (To be described later
> on). This may vary depending on the type of the hardware design itself.
> <should be more clear, please help me with phrasing this issue>
> 
> 4. There are three types of derivative works. 
>    a. The first one is to modify the original design files ( e.g.
> schematics, HDLs, Architectures, chip or PCB Layouts) and get some new
> improvements or features.
> 
>    b. Porting the source files into different EDA or system
> environments. This includes porting HDLs to different simulators,
> synthesis tools or target hardware. Redrawing Schematics on different
> tools. Changing the format of the design among any of the following
> formats: HDLs, schematics, Chip or PCB layout, net-list extraction.
> Porting the design to different board chip or packaging technologies.
> 
>    c. In case the design introduces a new Hardware Design ideas,
> algorithm or architectures, or even if it is itself one of those, any
> physical implementation or by schematics, HDLs, layouts, net-lists or
> any other form that describes the design except the ordinal is
> considered as a derived work.
> 
> 
> 4. Works based on the hardware design should be protected also by the
> same license.
> <This is the major difference between GPL and LGPL so we may have two
> types of license but we have to define some recommendations that will
> support our ideas>
> 
> Based work can be one or all of the followings:
>  a. Using the whole or part of the design as is and put (integrate) it
> in a new system or new platform. That includes plugging the HDL code,
> schematic, PCB or chip layout to a chip, board, new set of schematics
> or even any form of description a design (documents, block diagram,
> flow charts, state diagrams tables).
>  b. <Is there anything else?>
> 
> <relayouting a system, is it a derivative or a based on work?>
> 
> 5. No one can sell the Hardware Design itself, its derivatives or any
> work based on it. Physical implementation of the Hardware design can be
> sold only if all design source files that came with the original work
> and documentation made available for the user.
> 
> <This is an adopted copy of the GNU Public License> 
> 6. You are not required to accept this License, since you have not
> signed it.  However, nothing else grants you permission to modify or
> distribute the hardware design or its derivative works.  These actions
> are prohibited by law if you do not accept this License.  Therefore, by
> modifying, distributing or implementing the hardware design (or any
> work based on the design), you indicate your acceptance of this License
> to do so, and all its terms and conditions for copying, distributing or
> modifying the hardware design or works based on it.
> 
> 
> 
> 7. NO WARRANTY of any kind is provided on the functionality,
> performance or risks cased by using this Hardware Design.
> 
> <This is an adopted copy of the GNU Public License. Should we keep it?
> modify it? or what? >
> 
>                                NO WARRANTY
> 
>   7.a. BECAUSE THE HARDWARE DESIGN IS LICENSED FREE OF CHARGE, THERE IS
> NO WARRANTY FOR IT, TO THE EXTENT PERMITTED BY APPLICABLE LAW.  EXCEPT
> WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER
> PARTIES PROVIDE THE HARDWARE DESIGN IMPLEMENTATION "AS IS" WITHOUT
> WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
> LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
> PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
> OF THE HARDWARE DESIGN IS WITH YOU.  SHOULD THE DESIGN PROVE DEFECTIVE,
> YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
> 
>   7.b. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN
> WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY
> AND/OR REDISTRIBUTE THE HARDWARE DESIGN AS PERMITTED ABOVE, BE LIABLE
> TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR
> CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE
> HARDWARE DESIGN (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA
> BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR OR THIRD
> PARTIES OR OR ANY OTHER KIND OF LOSSES OR A FAILURE OF THE HARDWARE
> DESIGN IMPLEMENTATION TO OPERATE WITH ANY OTHER SYSTEMS), EVEN IF SUCH
> HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
> DAMAGES.
> 
> </end>
> 
> 
> 
>  How to Apply These Terms to Your New Hardware designs: <How?>
> 
> 
> 
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Graham Seaman, School of Computer Science, 
University of Westminster, Watford Rd, Northwick Park, Harrow HA1 3TP 
email:  G.Seaman@wmin.ac.uk www: http://www.wmin.ac.uk/~seamang