MIT copyrights in X.org source base...

Mon Oct 9 13:16:18 PDT 2006

All over our source base, we have N different variants of the MIT
license, and often N variants that differ solely by the name of the
person or company named as the copyright holder.  For example, attached
for you amusement and revulsion, is the 109 lines of copyrights found in
xserver/dix/events.c.  On this file, we have 1 TOG notice, 2 Digital
Equipment Corporation notices (!), along with a Sun Microsystems notice.

Due to the Digital/Compaq/HP merger, and X.org's successor-in-interest
to TOG, I think we have a chance to clean this up greatly. Scott
Peterson, who is HP's lawyer on Free software and Open Source law has
agreed in principle to letting us merge the Digital/Compaq/HP
copyrights, and I propose we do so with X.org owned copyrights as well.
If we can come up with exact language (nearly) everyone can agree with,
maybe we can also get other companies and many individuals to change to
a standard form as well, allowing us to go down to 1 line/copyright
holder.

Sometimes something like the following is also in the license:
        "Except as contained in this notice, the copyright holders and
        authors names shall not be used in advertising or otherwise to
        promote the sale, use or other dealings in this Software without
        prior written authorization."
Scott doesn't think this is necessary (other laws prevent using your
name in vain without your permission), but he's also happy to see it
included if people will be more comfortable with its inclusion.

I'd like people's opinions on whether inclusion of that boiler plate is
really necessary.

I'm also troubled by the "both that copyright notice and this permission
notice appear in supporting documentation" clause, though changing this
may be more controversial.  I call this the "tree killer" clause.  At
the time we drafted the MIT license, no one anticipated aggregate Linux
distributions with thousands or tens of thousands of contributors.
Technically, if you followed this to the letter, and distribute a
printed document, you end up with much paper pulp covered with copyright
statements; it doesn't matter in electronic form nearly so much: storage
is cheap. I'm wondering if we should make the clause "both that
copyright notice and this permission notice appear in supporting
electronic documentation" to help save the planet.

                                  - Jim Gettys

Here's an example result of what I propose:

----------------
Copyright 1987, 1998, The X.Org Foundation.
Copyright 1987, 1991, 1997 Hewlett-Packard Company.
Copyright 2003-2005 Sun Microsystems, Inc.

Permission to use, copy, modify, distribute, and sell this software and
its documentation for any purpose is hereby granted without fee,
provided that the above copyright notice appear in all copies and that
both that this copyright notice and this permission notice appear in
supporting electronic documentation.

The above copyright notice and this permission notice shall be included
in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR AUTHORS BE LIABLE FOR ANY
CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT,
TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE
SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

---------------

Example existing 109 line mess from a file (specifically,
xserver/dix/events.c):

/************************************************************

Copyright 1987, 1998  The Open Group

Permission to use, copy, modify, distribute, and sell this software and
its
documentation for any purpose is hereby granted without fee, provided
that
the above copyright notice appear in all copies and that both that
copyright notice and this permission notice appear in supporting
documentation.

The above copyright notice and this permission notice shall be included
in
all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL
THE
OPEN GROUP BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER
IN
AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.

Except as contained in this notice, the name of The Open Group shall not
be
used in advertising or otherwise to promote the sale, use or other
dealings
in this Software without prior written authorization from The Open
Group.

                        All Rights Reserved

Permission to use, copy, modify, and distribute this software and its 
documentation for any purpose and without fee is hereby granted, 
provided that the above copyright notice appear in all copies and that
both that copyright notice and this permission notice appear in 
supporting documentation, and that the name of Digital not be
used in advertising or publicity pertaining to distribution of the
software without specific, written prior permission.  

DIGITAL DISCLAIMS ALL WARRANTIES WITH REGARD TO THIS SOFTWARE, INCLUDING
ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS, IN NO EVENT SHALL
DIGITAL BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION,
ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS
SOFTWARE.

********************************************************/

/* The panoramix components contained the following notice */
/*****************************************************************

Copyright (c) 1991, 1997 Digital Equipment Corporation, Maynard,
Massachusetts.

Permission is hereby granted, free of charge, to any person obtaining a
copy
of this software and associated documentation files (the "Software"), to
deal
in the Software without restriction, including without limitation the
rights
to use, copy, modify, merge, publish, distribute, sublicense, and/or
sell
copies of the Software.

The above copyright notice and this permission notice shall be included
in
all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT SHALL
DIGITAL EQUIPMENT CORPORATION BE LIABLE FOR ANY CLAIM, DAMAGES,
INCLUDING,
BUT NOT LIMITED TO CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR OTHER
LIABILITY,
WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT
OF OR
IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
SOFTWARE.

Except as contained in this notice, the name of Digital Equipment
Corporation
shall not be used in advertising or otherwise to promote the sale, use
or other
dealings in this Software without prior written authorization from
Digital
Equipment Corporation.

******************************************************************/

/*****************************************************************

Permission is hereby granted, free of charge, to any person obtaining a
copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, and/or sell copies of the Software, and to permit persons
to whom the Software is furnished to do so, provided that the above
copyright notice(s) and this permission notice appear in all copies of
the Software and that both the above copyright notice(s) and this
permission notice appear in supporting documentation.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT
OF THIRD PARTY RIGHTS. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR
HOLDERS INCLUDED IN THIS NOTICE BE LIABLE FOR ANY CLAIM, OR ANY SPECIAL
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING
FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS SOFTWARE.

Except as contained in this notice, the name of a copyright holder
shall not be used in advertising or otherwise to promote the sale, use
or other dealings in this Software without prior written authorization
of the copyright holder.

******************************************************************/

-- 
Jim Gettys
One Laptop Per Child