[Commons-Law] free software legislation

[Lawrence Liang]

hi all

hadnt seen this previously, interestinhg...available
at http://www.linuxjournal.com/article.php?sid=7293

Lawrence


					DRAFT



                                 FREE SOFTWARE ACT


   Recitals:


   (i) "Free software" for the purposes of this Act is
not a technical
   definition. Instead, it is software licensed under
free software licenses
   which assures users, copiers, modifiers,
distributors and any other
   beneficiaries of free software of certain freedoms.
The objective of this Act
   is to clarify and strengthen the rights of the
aforementioned which are
   already enjoyed in practice. 

   (ii) Any user, copier, modifier, distributor or any
other beneficiary of free
   software has standing to sue for any violation of
this Act.



   Sections:


   1. Free software guarantees the following freedoms
to its users, copiers, 
   modifiers, distributors and any other beneficiaries
of free software:


   (a) The right to access the source code of any free
software program for any reason.


   (b) The right to run the program for any reason.


   (c) The right to copy the program for any reason.


   (d) The right to modify the program for any reason.


   (e) The right to distribute the program for any
reason.


   (f) Authors' rights:


      i. The author of any free software program
retains the right of
         attribution to his/her work.


     ii. Any modifier must acknowledge the authorship
of the original version,
         along with the authorship of the
modification.


    iii. Authorship should always be correctly
attributed.


   (g) All users, copiers, modifiers, distributors and
any beneficiaries of free
   software have the right to know about and be
informed about the rights listed
   in section 1 of this Act.



   2. Distributors of free software, whether in its
original, copied or modified 
   form, when distributing the program, may not
restrict any of the rights in section 1.


   3. A charge may be made for the program, providing
that all rights in section 1 are preserved.


   4. Exemptions from liability:


   (a) When any free software programmer, while
engaged in free software
   development, inadvertently violates a proprietary
software license, s/he will
   be exempt from any liability whatsoever.


   (b) When any free software programmer, while
engaged in free software
   development, inadvertently violates a software
copyright, s/he will be exempt
   from any liability whatsoever.


   (c) There should be no warranties for free
software, unless such a warranty
   has been requested by the purchaser, agreed to by
the vendor and paid for
   appropriately.


   5. Users, copiers, modifiers, distributors and any
other beneficiaries of 
   free software are bound by the contractual
conditions of any license or 
   licenses which apply to the program or programs
they use.


   6. Where a program has been developed in more than
one jurisdiction, each 
   with different copyright requirements, the
provisions of this Act will apply. 


   7. Sanctions:

   Any violation of this Act will result in an
obligation on the part of those 
   responsible or of third parties to give access to
the source code of any 
   modified program based on free software. 

   Further sanctions may be imposed by the courts.


   8. Definitions:

   The Program: The "program" in this Act means the
program, copies of the 
   program, modified versions of the program and
copies of modified versions of 
   the program and source code of the same.


   Use:


   Run: 


   Copy:


   Modify:


   Distribute:


   User:


   Copier:


   Modifier:


   Distributor:


   Beneficiary of free software:


   Free software programmer:



	
		
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