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{{divbox|blue|Unstable version|This is the openly editable version of the definition. Please try to find a consensus for any significant changes you make on the [[Talk:Definition/Unstable|discussion page]]. If you want to work on a substantially different derivative, you can try [[creating a fork]]. See [[authoring process]] for more information.}}
 
{{divbox|blue|Unstable version|This is the openly editable version of the definition. Please try to find a consensus for any significant changes you make on the [[Talk:Definition/Unstable|discussion page]]. If you want to work on a substantially different derivative, you can try [[creating a fork]]. See [[authoring process]] for more information.}}
 
== Summary ==
 
 
This document defines the terms "Free Content" and "Free Expression" as any work or expression which can be freely studied, applied, copied and/or modified, by anyone, for any purpose. It also describes certain permissible restrictions that respect or protect these essential freedoms. Additionally, the document provides a [[Licenses|list of licenses]] which meet the terms of freedom laid out in this definition.
 
  
 
== Preamble ==
 
== Preamble ==
Line 46: Line 42:
 
There are certain restrictions on the use or interchange of works that we do not feel impede on the essential freedoms enumerated above. These are described below.
 
There are certain restrictions on the use or interchange of works that we do not feel impede on the essential freedoms enumerated above. These are described below.
  
 +
=== Attribution ===
  
  LICENSE ISSUES
+
Attribution protects the integrity of an original work, and provides credit and recognition for authors. A license may therefore require attribution of the author or authors, provided such attribution does not impede normal use of the work. For example, it would not be acceptable for the license to require a significantly more cumbersome method of attribution when a modified version of the licensed text is distributed.
  ==============
 
 
 
  The OpenSSL toolkit stays under a dual license, i.e. both the conditions of
 
  the OpenSSL License and the original SSLeay license apply to the toolkit.
 
  See below for the actual license texts.
 
 
 
  OpenSSL License
 
  ---------------
 
 
 
/* ====================================================================
 
* Copyright (c) 1998-2016 The OpenSSL Project.  All rights reserved.
 
*
 
* Redistribution and use in source and binary forms, with or without
 
* modification, are permitted provided that the following conditions
 
* are met:
 
*
 
* 1. Redistributions of source code must retain the above copyright
 
*    notice, this list of conditions and the following disclaimer.
 
*
 
* 2. Redistributions in binary form must reproduce the above copyright
 
*    notice, this list of conditions and the following disclaimer in
 
*    the documentation and/or other materials provided with the
 
*    distribution.
 
*
 
* 3. All advertising materials mentioning features or use of this
 
*    software must display the following acknowledgment:
 
*    "This product includes software developed by the OpenSSL Project
 
*    for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
 
*
 
* 4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
 
*    endorse or promote products derived from this software without
 
*    prior written permission. For written permission, please contact
 
*    openssl-core@openssl.org.
 
*
 
* 5. Products derived from this software may not be called "OpenSSL"
 
*    nor may "OpenSSL" appear in their names without prior written
 
*    permission of the OpenSSL Project.
 
*
 
* 6. Redistributions of any form whatsoever must retain the following
 
*    acknowledgment:
 
*    "This product includes software developed by the OpenSSL Project
 
*    for use in the OpenSSL Toolkit (http://www.openssl.org/)"
 
*
 
* THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY
 
* EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
 
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
 
* PURPOSE ARE DISCLAIMED.  IN NO EVENT SHALL THE OpenSSL PROJECT OR
 
* ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
 
* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT
 
* NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
 
* LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
 
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT,
 
* STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
 
* ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
 
* OF THE POSSIBILITY OF SUCH DAMAGE.
 
* ====================================================================
 
*
 
* This product includes cryptographic software written by Eric Young
 
* (eay@cryptsoft.com).  This product includes software written by Tim
 
* Hudson (tjh@cryptsoft.com).
 
*
 
*/
 
 
 
Original SSLeay License
 
-----------------------
 
 
 
/* Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
 
* All rights reserved.
 
*
 
* This package is an SSL implementation written
 
* by Eric Young (eay@cryptsoft.com).
 
* The implementation was written so as to conform with Netscapes SSL.
 
*
 
* This library is free for commercial and non-commercial use as long as
 
* the following conditions are aheared to.  The following conditions
 
* apply to all code found in this distribution, be it the RC4, RSA,
 
* lhash, DES, etc., code; not just the SSL code.  The SSL documentation
 
* included with this distribution is covered by the same copyright terms
 
* except that the holder is Tim Hudson (tjh@cryptsoft.com).
 
*
 
* Copyright remains Eric Young's, and as such any Copyright notices in
 
* the code are not to be removed.
 
* If this package is used in a product, Eric Young should be given attribution
 
* as the author of the parts of the library used.
 
* This can be in the form of a textual message at program startup or
 
* in documentation (online or textual) provided with the package.
 
*
 
* Redistribution and use in source and binary forms, with or without
 
* modification, are permitted provided that the following conditions
 
* are met:
 
* 1. Redistributions of source code must retain the copyright
 
*    notice, this list of conditions and the following disclaimer.
 
* 2. Redistributions in binary form must reproduce the above copyright
 
*    notice, this list of conditions and the following disclaimer in the
 
*    documentation and/or other materials provided with the distribution.
 
* 3. All advertising materials mentioning features or use of this software
 
*    must display the following acknowledgement:
 
*    "This product includes cryptographic software written by
 
*    Eric Young (eay@cryptsoft.com)"
 
*    The word 'cryptographic' can be left out if the rouines from the library
 
*    being used are not cryptographic related :-).
 
* 4. If you include any Windows specific code (or a derivative thereof) from
 
*    the apps directory (application code) you must include an acknowledgement:
 
*    "This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
 
*
 
* THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND
 
* ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
 
* IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
 
* ARE DISCLAIMED.  IN NO EVENT SHALL THE AUTHOR OR CONTRIBUTORS BE LIABLE
 
* FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
 
* DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
 
* OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
 
* HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
 
* LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
 
* OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
 
* SUCH DAMAGE.
 
*
 
* The licence and distribution terms for any publically available version or
 
* derivative of this code cannot be changed.  i.e. this code cannot simply be
 
* copied and put under another distribution licence
 
* [including the GNU Public Licence.]
 
*/
 
 
 
BSD Documentation License
 
 
 
Copyright 1994-2017 The FreeBSD Project. All rights reserved.
 
 
 
Redistribution and use in source (SGML DocBook) and 'compiled' forms (SGML, HTML, PDF, PostScript, RTF and so forth) with or without modification, are permitted provided that the following conditions are met:
 
 
 
Redistributions of source code (SGML DocBook) must retain the above copyright notice, this list of conditions and the following disclaimer as the first lines of this file unmodified.
 
 
 
Redistributions in compiled form (transformed to other DTDs, converted to PDF, PostScript, RTF and other formats) must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
 
 
 
THIS DOCUMENTATION IS PROVIDED BY THE FREEBSD DOCUMENTATION PROJECT "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE FREEBSD DOCUMENTATION PROJECT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
 
 
 
Manual Pages
 
 
 
Some FreeBSD manual pages contain text from the IEEE Std 1003.1, 2004 Edition, Standard for Information Technology -- Portable Operating System Interface (POSIX®) specification. These manual pages are subject to the following terms:
 
 
 
The Institute of Electrical and Electronics Engineers and The Open Group, have given us permission to reprint portions of their documentation.
 
 
 
In the following statement, the phrase ``this text'' refers to portions of the system documentation.
 
  
Portions of this text are reprinted and reproduced in electronic form in the FreeBSD manual pages, from IEEE Std 1003.1, 2004 Edition, Standard for Information Technology -- Portable Operating System Interface (POSIX), The Open Group Base Specifications Issue 6, Copyright (C) 2001-2004 by the Institute of Electrical and Electronics Engineers, Inc and The Open Group. In the event of any discrepancy between these versions and the original IEEE and The Open Group Standard, the original IEEE and The Open Group Standard is the referee document. The original Standard can be obtained online at http://www.opengroup.org/unix/online.html.
+
=== Protection of freedoms ===
  
This notice shall appear on any product containing this material.
+
The license ''may'' include clauses that strive to protect the [[#Essential freedoms|essential freedoms]] of the work, such as:
 +
* '''transparent copies:''' a clause requiring all copies of the work to be in a transparent file format (documented and not encumbered by patents) which allows the work to be freely used in perpetuity
 +
* '''copyleft or "share-alike":''' a clause requiring that derivative works are entirely made available under a license which meets this definition
 +
* '''free from technical restrictions:''' a clause prohibiting the use of technical measures designed to prevent individuals to whom the work is distributed from exercising any of the freedoms described above
  
Legal Home
+
The license ''may not'' include clauses that strive to limit the [[#Essential freedoms|essential freedoms]] of the work, such as:
 +
* '''usage restrictions''': the license must not limit the licensee's actions beyond those which may have a plausible and direct impact on the essential freedoms of the work or its derivatives. Explicitly, it ''must not'' limit commercial use of the work.
  
 
== Recommendations ==
 
== Recommendations ==

Latest revision as of 13:23, 18 August 2019

Unstable version
This is the openly editable version of the definition. Please try to find a consensus for any significant changes you make on the discussion page. If you want to work on a substantially different derivative, you can try creating a fork. See authoring process for more information.

Preamble[edit]

Through global communication networks, hundreds of millions of human beings today have the ability to access, modify, author, publish and distribute artistic works, scientific and educational materials, commentary, reports, and documents; in short: anything that can be represented as a sequence of bits. In many cases, however, we find that traditional copyright laws, which provide authors and artists with decades of protection even beyond their death, can impede cultural and scientific progress.

Works built by communities collaborating as volunteers, art created for the purpose of shared enjoyment, essential learning materials, scientific research funded through taxpayer money, and many other works do not benefit from artificial scarcity. They benefit from being used freely. We therefore believe that these works should be free, and by "freedom" we mean:

  • the freedom to study the work and to apply knowledge acquired from it
  • the freedom to redistribute copies, in whole or in part, of the information or expression
  • the freedom to make improvements or other changes, and to release modified copies

These freedoms should be universally available to absolutely anyone, anywhere. To the extent possible, they should not be restricted by the context in which the work is used.

Any original work of authorship is copyrighted. Under copyright law, authors are considered God-like "creators" and are given legal powers they can use against those who duplicate "their" content in altered or unaltered form. Only very limited freedoms are granted to others unless authors choose to explicitly relinquish some or all of these powers. To do so, authors can explicitly release their work into the public domain (no copyright)1, or can choose among a vast array of legal documents known as licenses to grant, retain or qualify their exclusive rights.

Not all licenses grant the freedoms enumerated above. For example, some popular licenses forbid the creation of derivative works, or the commercial use of a work. Some licenses are even more specific. They limit usage of the work to particular regions of the world, or to relative quantities of information.

However, no work can be truly called "free" unless it can be freely shared, freely modified, freely aggregated, freely combined, and freely provided through any channel. Works under licenses that prohibit these essential freedoms stand seperate from the body of works that is not impeded by these restrictions. They are philosophically and legally incompatible with the licensing options used by the growing movement that refers to its works as "free content" or "free expression."

Any license which requires the term "free" to be significantly qualified ("it is free, but you cannot ..") can only mean "free" in the sense of "gratis, without cost". It can never mean that every essential freedom is present. It is the goal of this definition to precisely define the essential freedoms, and to provide guidelines by which existing licenses can be certified as meeting this definition.

Naming and versioning[edit]

You may refer to this definition as the "Free Content and Expression Definition" (its full name), the "Free Content Definition", or the "Free Expression Definition". Consequently, you may call a work covered by this definition "free content" or (a) "free expression" (the terms may or may not be capitalized). Which name should you use? summarizes some arguments for and against the two names and possible alternatives.

New versions of this definition shall be released as soon as a consensus (achieved directly or through a vote, as per the authoring process) has developed around suggested changes. Numbering shall be 0.x for initial draft releases, 1.x, 2.x .. for major releases, x.1, x.2 .. for minor releases. A minor release is made when the text is modified in ways which do not have an impact on the scope of existing or hypothetical licenses covered by this definition.

Recommended and required criteria[edit]

This definition uses the terms may, may not and must not in obvious ways to distinguish required and optional criteria for covered licenses. Importantly, it uses the term should where we recommend that licenses which do not meet the stated criteria should be amended. Later versions of this definition may make some of these criteria mandatory.

Essential freedoms[edit]

In order to be recognized as "free" under this definition, a license must grant the following freedoms without limitation:

  • The freedom to study and apply the information: The licensee must not be restricted by clauses which limit their right to examine, alter or apply the information. The license may not, for example, restrict "reverse engineering", and it may not limit the application of knowledge gained from the work in any way.
  • The freedom to redistribute copies: Copies may be sold, swapped or given away for free, as part of a larger work, a collection, or independently. There must be no limit on the amount of information that can be copied. There must also not be any limit on who can copy the information or on where the information can be copied.
  • The freedom to distribute modified versions: In order to give everyone the ability to improve upon a work, the license must not limit the freedom to distribute a modified version, as above, regardless of the intent and purpose of such modifications. However, some restrictions may be applied to protect these essential freedoms, as well as the requirement of attribution (see below).

Allowed requirements and restrictions[edit]

There are certain restrictions on the use or interchange of works that we do not feel impede on the essential freedoms enumerated above. These are described below.

Attribution[edit]

Attribution protects the integrity of an original work, and provides credit and recognition for authors. A license may therefore require attribution of the author or authors, provided such attribution does not impede normal use of the work. For example, it would not be acceptable for the license to require a significantly more cumbersome method of attribution when a modified version of the licensed text is distributed.

Protection of freedoms[edit]

The license may include clauses that strive to protect the essential freedoms of the work, such as:

  • transparent copies: a clause requiring all copies of the work to be in a transparent file format (documented and not encumbered by patents) which allows the work to be freely used in perpetuity
  • copyleft or "share-alike": a clause requiring that derivative works are entirely made available under a license which meets this definition
  • free from technical restrictions: a clause prohibiting the use of technical measures designed to prevent individuals to whom the work is distributed from exercising any of the freedoms described above

The license may not include clauses that strive to limit the essential freedoms of the work, such as:

  • usage restrictions: the license must not limit the licensee's actions beyond those which may have a plausible and direct impact on the essential freedoms of the work or its derivatives. Explicitly, it must not limit commercial use of the work.

Recommendations[edit]

Authors of licenses should make an effort to gradually make licenses which share the same philosophical roots and legal principles compatible with each other to ensure that works under these licenses can be combined and aggregated freely. This may be accomplished by altering the terms of the license (e.g. by removing a restriction which the other license does not have), or by adding migration clauses which allow the use of the licensed work under the now compatible license.

When making copies of a work, the licensee should be allowed to refer to a resource pointer instead of being required to distribute the license text itself with each copy of the work. Similarly, the license should allow the author or authors to specify a resource pointer for the attribution of multiple authors of a work. This is to ensure that the attribution requirement for complex collaborative works does not become an impediment.

Further reading[edit]

  • See Licenses for discussion of individual licenses, and whether they meet this definition or not.
  • See History for acknowledgments and background on this definition.
  • See the FAQ for some questions and answers.
  • See Portal:Index for topic-specific pages about free content and free expressions.

Notes[edit]

  1. Under some jurisdictions, notably some European countries, authors have inalienable moral rights and cannot completely release their works into the public domain. If you believe that you have a right to put your own works in the public domain, regardless of what the law says, you can make a declaration of public domain status which contains a safeguard clause, such as: "I, the author of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law."