[Catalog-sig] Troubled by changes to PyPI usage agreement

Laura Creighton lac at openend.se
Sun Dec 6 10:08:42 CET 2009

I think it would be better to use the language from the EUPL
see: http://ec.europa.eu/idabc/servlets/Doc?id=31979

In particular, I think that it is much better to say something like:

   In the countries where moral rights apply, the Licensor waives his right to exercise his
   moral right to the extent allowed by law in order to make effective the licence of the
   economic rights here above listed.

   The Licensor grants to the Licensee royalty-free, non exclusive usage rights to any
   patents held by the Licensor, to the extent necessary to make use of the rights granted
   on the Work under this Licence.

rather than asserting 

       The PSF is free to use or disseminate any content ....

because then as part of the PyPi agreeement one can have clauses like this:

	Copyleft clause: If the Licensee distributes and/or communicates copies of the
	Original Works or Derivative Works based upon the Original Work, this Distribution
	and/or Communication will be done under the terms of this Licence or of a later
	version of this Licence unless the Original Work is expressly distributed only under
	this version of the Licence. The Licensee (becoming Licensor) cannot offer or impose
	any additional terms or conditions on the Work or Derivative Work that alter or
	restrict the terms of the Licence.

	Attribution right: the Licensee shall keep intact all copyright, patent or trademarks
	notices and all notices that refer to the Licence and to the disclaimer of warranties.
	The Licensee must include a copy of such notices and a copy of the Licence with
	every copy of the Work he/she distributes and/or communicates. The Licensee must
	cause any Derivative Work to carry prominent notices stating that the Work has been
	modified and the date of modification.   

	Legal Protection: This Licence does not grant permission to use the trade names,
	trademarks, service marks, or names of the Licensor, except as required for
	reasonable and customary use in describing the origin of the Work and reproducing
	the content of the copyright notice.

However, if we do this, I think we will have to add a clause such as

	 Chain of Authorship
	 The original Licensor warrants that the copyright in the Original Work granted
	 hereunder is owned by him/her or licensed to him/her and that he/she has the power
	 and authority to grant the Licence.
	 Each Contributor warrants that the copyright in the modifications he/she brings to the
	 Work are owned by him/her or licensed to him/her and that he/she has the power and
	 authority to grant the Licence.

	 Each time You accept the Licence, the original Licensor and subsequent Contributors
	 grant You a licence to their contributions to the Work, under the terms of this

which I think would be a very good idea in any case.


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