For Approval: Boost Software License, Version 1.0

THIS IS A COPY OF THE APPLICATION SUBMITTED BY DEVIN SMITH
TO
LICENSE-APPROVALOPENSOURCE.ORG PRIOR TO 7/27/2006.  WE
APPRECIATE
YOUR ATTENTION TO THIS MATTER.

I APOLOGIZE IF THIS IS A SECOND COPY, BUT I CAN'T SEE THE
ORIGINAL
POSTING IN THE LIST ARCHIVES AND I'VE BEEN HAVING SOME
PROBLEMS WITH
MY OUTGOING EMAIL RECENTLY.

---------

ON BEHALF OF BOOST.ORG, I HEREBY REQUEST OSI APPROVAL OF THE
BOOST SOFTWARE LICENSE.

1.  NAME OF LICENSE.  THE NAME OF THE LICENSE IS THE €śBOOST
SOFTWARE LICENSE€ť.

2.  TEXT OF LICENSE.  THE TEXT OF THE BOOST SOFTWARE LICENSE
IS REPRODUCED IN FULL BELOW AND IS ALSO AVAILABLE AT
HTTP://WWW.BOOST.ORG/LICENSE_1_0.TXT.

BOOST SOFTWARE LICENSE - VERSION 1.0 - AUGUST 17TH, 2003

PERMISSION IS HEREBY GRANTED, FREE OF CHARGE, TO ANY PERSON
OR ORGANIZATION
OBTAINING A COPY OF THE SOFTWARE AND ACCOMPANYING
DOCUMENTATION COVERED BY
THIS LICENSE (THE "SOFTWARE") TO USE, REPRODUCE,
DISPLAY, DISTRIBUTE,
EXECUTE, AND TRANSMIT THE SOFTWARE, AND TO PREPARE
DERIVATIVE WORKS OF THE
SOFTWARE, AND TO PERMIT THIRD-PARTIES TO WHOM THE SOFTWARE
IS FURNISHED TO
DO SO, ALL SUBJECT TO THE FOLLOWING:

THE COPYRIGHT NOTICES IN THE SOFTWARE AND THIS ENTIRE
STATEMENT, INCLUDING
THE ABOVE LICENSE GRANT, THIS RESTRICTION AND THE FOLLOWING
DISCLAIMER,
MUST BE INCLUDED IN ALL COPIES OF THE SOFTWARE, IN WHOLE OR
IN PART, AND
ALL DERIVATIVE WORKS OF THE SOFTWARE, UNLESS SUCH COPIES OR
DERIVATIVE
WORKS ARE SOLELY IN THE FORM OF MACHINE-EXECUTABLE OBJECT
CODE GENERATED BY
A SOURCE LANGUAGE PROCESSOR.

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, TITLE AND
NON-INFRINGEMENT. IN NO EVENT
SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE
SOFTWARE BE LIABLE
FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT,
TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR
THE USE OR OTHER
DEALINGS IN THE SOFTWARE.

3.  LEGAL ANALYSIS OF LICENSE; COMPLIANCE WITH OPEN SOURCE
DEFINITION.

A.  OSI TERM 1 - FREE REDISTRIBUTION.  

THE FIRST PARAGRAPH OF THE BOOST SOFTWARE LICENSE EXPRESSLY
PERMITS ANY PERSON OR ORGANIZATION TO DISTRIBUTE THE COVERED
SOFTWARE, AND DOES NOT RESTRICT THE LICENSEE FROM SELLING OR
GIVING AWAY THE SOFTWARE AS A COMPONENT OF AN AGGREGATE
SOFTWARE DISTRIBUTION CONTAINING PROGRAMS FROM SEVERAL
DIFFERENT SOURCES.  

IN ADDITION, THE FIRST PARAGRAPH OF THE BOOST SOFTWARE
LICENSE EXPRESSLY STATES THAT THE LICENSE IS GRANTED €śFREE
OF CHARGE€ť, AND DOES NOT REQUIRE A ROYALTY OR OTHER FEE FOR
SUCH SALE. 

B.  OSI TERM 2 - SOURCE CODE.

A QUICK READING OF OSI TERM 2 WOULD SEEM TO SUGGEST THAT IT
REQUIRES THAT A LICENSE -- IN ORDER TO COMPLY WITH THE OPEN
SOURCE DEFINITION -- MUST EXPRESSLY REFER TO €śSOURCE
CODE€ť.  FOR EXAMPLE, OSI TERM 2 WOULD SEEM TO REQUIRE THAT
LICENSE EXPRESSLY STATE THAT €śTHE SOURCE CODE MUST BE MADE
AVAILABLE FOR DOWNLOAD VIA THE INTERNET WITHOUT CHARGE€ť.

IT APPEARS, HOWEVER, THAT THIS READING IS INCORRECT.  MANY
OSI-APPROVED LICENSES DO NOT HAVE SUCH EXPRESS REFERENCES TO
THE REQUIREMENTS OF OSI TERM 2.  IN FACT OSI LICENSES SUCH
AS THE MIT LICENSE
(HTTP://WWW.OPENSOURCE.ORG/LICENSES/MIT-LICENSE.PHP) AND THE
FAIR LICENSE (HTTP://WWW.OPENSOURCE.ORG/LICENSES/FAIR.PHP)
DO NOT EVEN EXPRESSLY REFER TO €śSOURCE CODE€ť.  

OSI TERM 2, THEN, IS BEST READ AS (I) PROHIBITING ANY
LICENSE RESTRICTIONS THAT WOULD CONFLICT WITH THE
REQUIREMENTS OF OSI TERM 2, AND (II) STATING CERTAIN
REQUIREMENTS REGARDING THE SOFTWARE DISTRIBUTED UNDER THE
APPLICABLE LICENSE.

ALTHOUGH BOOST SOFTWARE LICENSE DOES NOT EXPRESSLY REFER TO
€śSOURCE CODE€ť, IT DOES NOT EXPRESSLY PERMIT OR REQUIRE ANY
OF THE PROHIBITED ACTIVITIES (E.G., CODE OBFUSCATION).

WITH REGARD TO SOFTWARE DISTRIBUTED UNDER THE BOOST SOFTWARE
LICENSE, ALL OF THE CODE AVAILABLE AT BOOST.ORG (ALMOST ALL
OF WHICH IS DISTRIBUTED UNDER THE BOOST SOFTWARE LICENSE) IS
AVAILABLE IN SOURCE CODE FORM.

C.  OSI TERM 3 - SOURCE DERIVED WORKS.

PARAGRAPH 1 EXPRESS PERMITS LICENSEES TO €śPREPARE
DERIVATIVE WORKS€ť OF THE SOFTWARE.  (ALTHOUGH OSI TERM 3
MENTIONS BOTH €śMODIFICATIONS€ť AND €śDERIVATIVE WORKS€ť,
GRANTING THE ADDITIONAL RIGHT TO CREATE €śMODIFICATIONS€ť IS
UNNECESSARY AS A MATTER OF COPYRIGHT LAW.  THIS CONCLUSION
IS REINFORCED BY NOTING THAT OSI-APPROVED LICENSES SUCH AS
THE IBM PUBLIC LICENSE VERSION 1.0
[HTTP://WWW.OPENSOURCE.ORG/LICENSES/IBMPL.PHP] MAKE NO
MENTION OF €śMODIFYING€ť THE SOFTWARE OR CREATING
€śMODIFICATIONS€ť.)

ALTHOUGH THE LICENSE DOES NOT EXPRESSLY €śALLOW [THE
DERIVATIVE WORKS] TO BE DISTRIBUTED UNDER THE SAME TERMS AS
THE LICENSE OF THE ORIGINAL SOFTWARE€ť, THERE IS NO NEED FOR
SUCH AN EXPRESS GRANT.  UNDER COPYRIGHT LAW, THE AUTHOR OF A
DERIVATIVE WORK OWNS THE DERIVATIVE WORK.  TO THE EXTENT
THAT, IN ORDER TO DISTRIBUTE SUCH DERIVATIVE WORK, THE
LICENSEE NEEDS THE RIGHT TO DISTRIBUTE THE UNDERLYING WORK
(I.E., THE ORIGINAL SOFTWARE), THE LICENSE GRANTS THAT
RIGHT.  

IN ANY CASE, SUCH A RIGHT TO DISTRIBUTE DERIVATIVE WORKS IS
IMPLIED UNDER PARAGRAPH 2, WHICH STATES THAT €ś[T]HE
COPYRIGHT NOTICES . . .  MUST BE INCLUDED IN ALL COPIES OF
THE SOFTWARE . . . AND ALL DERIVATIVE WORKS OF THE SOFTWARE
. . .€ť

D.  OSI TERM 4 - INTEGRITY OF THE AUTHOR'S SOURCE CODE.

THE BOOST SOFTWARE LICENSE DOES NOT RESTRICT SOURCE CODE
FROM BEING DISTRIBUTED IN MODIFIED FORM.  THE LICENSE
EXPRESSLY PERMITS THE CREATION OF DERIVATIVE WORKS AND
REQUIRES THAT LICENSE TERMS BE APPLIED TO REDISTRIBUTIONS OF
THE SOFTWARE AND DERIVATIVE WORKS.  THIS LANGUAGE IS VERY
SIMILAR TO THE MIT LICENSE
(HTTP://WWW.OPENSOURCE.ORG/LICENSES/MIT-LICENSE.PHP).

E.  OSI TERM 5 - NO DISCRIMINATION AGAINST PERSONS OR
GROUPS.

THE BOOST SOFTWARE LICENSE DOES NOT DISCRIMINATE AGAINST ANY
PERSON OR GROUP OF PERSONS.   THIS ISSUE IS ADDRESSED
EXPLICITLY BY THE LANGUAGE: "... TO ANY PERSON OR
ORGANIZATION OBTAINING A COPY OF THE SOFTWARE AND
ACCOMPANYING DOCUMENTATION COVERED BY THIS LICENSE..."

F.  OSI TERM 6 - NO DISCRIMINATION AGAINST FIELDS OF
ENDEAVOR.

THE BOOST SOFTWARE LICENSE DOES NOT RESTRICT ANYONE FROM
MAKING USE OF THE PROGRAM IN A SPECIFIC FIELD OF ENDEAVOR. 

G.  OSI TERM 7 - DISTRIBUTION OF LICENSE.

THE BOOST SOFTWARE LICENSE EXPRESSLY APPLIES TO ALL TO WHOM
THE PROGRAM IS DISTRIBUTED IN THAT THE LICENSE IS GRANTED
"... TO ANY PERSON OR ORGANIZATION OBTAINING A COPY OF
THE SOFTWARE AND ACCOMPANYING DOCUMENTATION COVERED BY THIS
LICENSE ..."

H. OSI TERM 8 - LICENSE MUST NOT BE SPECIFIC TO A PRODUCT.

THE BOOST SOFTWARE LICENSE IS NOT SPECIFIC TO A PRODUCT.

I.  OSI TERM 9 - LICENSE MUST NOT RESTRICT OTHER SOFTWARE.

THE BOOST SOFTWARE LICENSE DOES NOT PLACE RESTRICTIONS ON
OTHER SOFTWARE THAT IS DISTRIBUTED ALONG WITH THE LICENSED
SOFTWARE. 

J.  OSI TERM 10 - LICENSE MUST BE TECHNOLOGY-NEUTRAL.

NO PROVISION OF THE BOOST SOFTWARE LICENSE IS PREDICATED ON
ANY INDIVIDUAL TECHNOLOGY OR STYLE OF INTERFACE. 


THANK YOU FOR YOUR CONSIDERATION OF THIS REQUEST.

RESPECTFULLY SUBMITTED,

DEVIN SMITH



FOR APPROVAL:  BOOST SOFTWARE LICENSE

1.  THE BOOST SOFTWARE LICENSE WAS DEVELOPED IN ORDER TO
SERVE AS A COMMON OPEN SOURCE SOFTWARE LICENSE FOR THE C++
LIBRARIES DEVELOPED BY NUMEROUS DIFFERENT BOOST.ORG
CONTRIBUTORS.  IT WAS INTENDED TO ENCOURAGE COMMERCIAL USE
OF THE BOOST.ORG LIBRARIES, BY BEING SIMPLE TO READ AND
UNDERSTAND, BY NOT REQUIRING THAT THE LICENSE STATEMENT
APPEAR IN EXECUTABLES, AND BY ALLOWING LICENSEES TO
UNDERTAKE WARRANTY OBLIGATIONS. 

THE BOOST SOFTWARE LICENSE IS BASED UPON THE MIT LICENSE,
BUT DIFFERS FROM THE MIT LICENSE IN THAT IT:

(I) MAKES CLEAR THAT LICENSES CAN BE GRANTED TO
ORGANIZATIONS AS WELL AS INDIVIDUALS;
(II) DOES NOT REQUIRE THAT THE LICENSE APPEAR WITH
EXECUTABLES OR OTHER BINARY USES OF THE LIBRARY;
(III) EXPRESSLY DISCLAIMS -- ON BEHALF OF THE AUTHOR AND
COPYRIGHT HOLDERS OF THE SOFTWARE ONLY -- THE WARRANTY OF
TITLE (A WARRANTY THAT, UNDER THE UNIFORM COMMERCIAL CODE,
IS SEPARATE FROM THE WARRANTY OF NON-INFRINGEMENT)
(IV) DOES NOT EXTEND THE DISCLAIMER OF WARRANTIES TO
LICENSEES, SO THAT THEY MAY, IF THEY CHOOSE, UNDERTAKE SUCH
WARRANTIES (E.G., IN EXCHANGE FOR PAYMENT).

2. SOFTWARE DISTRIBUTED UNDER THE BOOST SOFTWARE LICENSE CAN
BE USED IN CONJUNCTION WITH SOFTWARE DISTRIBUTED UNDER OTHER
OPEN SOURCE LICENSES.  ANY SOFTWARE LICENSE THAT IS MORE
RESTRICTIVE OF THE RIGHTS OF A LICENSEE (E.G., THE GNU GPL)
WOULD LIKELY TAKE PRECEDENCE FOR DERIVATIVE OR COMBINED
WORKS.  I DON€™T BELIEVE THERE ARE ANY OSI-APPROVED SOFTWARE
LICENSES THAT ARE ENTIRELY INCOMPATIBLE WITH THE BOOST
SOFTWARE LICENSE.



3. PLAIN TEXT VERSION OF THE BOOST SOFTWARE LICENSE:

BOOST SOFTWARE LICENSE - VERSION 1.0 - AUGUST 17TH, 2003

PERMISSION IS HEREBY GRANTED, FREE OF CHARGE, TO ANY PERSON
OR ORGANIZATION
OBTAINING A COPY OF THE SOFTWARE AND ACCOMPANYING
DOCUMENTATION COVERED BY
THIS LICENSE (THE "SOFTWARE") TO USE, REPRODUCE,
DISPLAY, DISTRIBUTE,
EXECUTE, AND TRANSMIT THE SOFTWARE, AND TO PREPARE
DERIVATIVE WORKS OF THE
SOFTWARE, AND TO PERMIT THIRD-PARTIES TO WHOM THE SOFTWARE
IS FURNISHED TO
DO SO, ALL SUBJECT TO THE FOLLOWING:

THE COPYRIGHT NOTICES IN THE SOFTWARE AND THIS ENTIRE
STATEMENT, INCLUDING
THE ABOVE LICENSE GRANT, THIS RESTRICTION AND THE FOLLOWING
DISCLAIMER,
MUST BE INCLUDED IN ALL COPIES OF THE SOFTWARE, IN WHOLE OR
IN PART, AND
ALL DERIVATIVE WORKS OF THE SOFTWARE, UNLESS SUCH COPIES OR
DERIVATIVE
WORKS ARE SOLELY IN THE FORM OF MACHINE-EXECUTABLE OBJECT
CODE GENERATED BY
A SOURCE LANGUAGE PROCESSOR.

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, TITLE AND
NON-INFRINGEMENT. IN NO EVENT
SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE
SOFTWARE BE LIABLE
FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT,
TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR
THE USE OR OTHER
DEALINGS IN THE SOFTWARE.

-- 
DAVE ABRAHAMS
BOOST CONSULTING
HTTP://WWW.BOOST-CONSULTING.COM

David Abrahams scripsit:

> B.  OSI Term 2 - Source Code.

OSD #2 is expressly about the software, not about its
license, so it
need not be taken into account when evaluating licenses.  It
prevents
people from releasing an executable or other pile of opaque
bits
under some permissive license and claiming that it's open
source.

-- 
John Cowan   cowanccil.org  http://www.ccil.org/~cowan

Most languages are dramatically underdescribed, and at least
one is
dramatically overdescribed.  Still other languages are
simultaneously
overdescribed and underdescribed.  Welsh pertains to the
third category.
        --Alan King