Begin Public Discussion Draft #3

diff --git a/wpdd.txt b/wpdd.txt
index 435a7b6fb0fe6e0c712c5aabc8d65f003dff4873..fe5c0c784d6b81c7d034fb70abb283e940303993 100644 (file)
--- a/wpdd.txt
+++ b/wpdd.txt
@@ -1,7 +1,7 @@
 ==== THIS IS A DRAFT. DO NOT USE AS A LICENSE. ====
 
 Worldwide Public Domain Dedication (WPDD)
 ==== THIS IS A DRAFT. DO NOT USE AS A LICENSE. ====
 
 Worldwide Public Domain Dedication (WPDD)

-Public Discussion Draft #2
+Public Discussion Draft #3

 Please send feedback by email to the public mailing list:
 https://wpdd.info/cgi-bin/mailman/listinfo/discuss
 
 Please send feedback by email to the public mailing list:
 https://wpdd.info/cgi-bin/mailman/listinfo/discuss
 


@@ -12,151 +12,154 @@ please don't call your version the Worldwide Public Domain Dedication
 (WPDD) or anything else that might be confusingly similar. This file 
 is offered as-is, without any warranty.
 
 (WPDD) or anything else that might be confusingly similar. This file 
 is offered as-is, without any warranty.
 

-Statement of Purpose
-
-The laws of most jurisdictions throughout the world automatically 
-confer exclusive Copyright and Related Rights (defined below) upon the 
-copyright holder(s) (each and all, a "holder") of an original work of 
-authorship and/or a database (each, a "Work").
-
-Certain holders wish to permanently relinquish those rights to a Work 
-for the purpose of contributing to a commons of creative, cultural 
-and scientific works ("Commons") that the public can reliably and 
-without fear of later claims of infringement build upon, modify, 
-incorporate in other works, reuse and redistribute as freely as 
-possible in any form whatsoever and for any purposes, including 
-without limitation commercial purposes. These holders may contribute 
-to the Commons to promote the ideal of a free culture and the further 
-production of creative, cultural and scientific works, or to gain 
-reputation or greater distribution for their Work in part through the 
-use and efforts of others.
-
-For these and/or other purposes and motivations, and without any 
-expectation of additional consideration or compensation, the person or 
-organization associating this Worldwide Public Domain Dedication with 
-a Work (the "Affirmer"), to the extent that they are a holder of 
-Copyright and Related Rights in the Work, voluntarily elects to apply 
-this Worldwide Public Domain Dedication to the Work and publicly 
-distribute the Work under its terms, with knowledge of their Copyright 
-and Related Rights in the Work and the meaning and intended legal 
-effect of this Worldwide Public Domain Dedication on those rights.
-
-1. Copyright and Related Rights. A Work made available under this 
-Worldwide Public Domain Dedication may be protected by copyright and 
-related or neighboring rights ("Copyright and Related Rights"). 
-Copyright and Related Rights include, but are not limited to, the 
-following:
-
-   i. the right to reproduce, adapt, distribute, perform, display,
-      communicate, and translate a Work;
-  ii. moral rights retained by the original author(s) and/or 
-      performer(s);
- iii. publicity and privacy rights pertaining to a person's image or
-      likeness depicted in a Work;
-  iv. rights protecting the extraction, dissemination, use and reuse 
-      of data in a Work;
-   v. database rights (such as those arising under Directive 96/9/EC 
-      of the European Parliament and of the Council of 11 March 1996 
-      on the legal protection of databases, and under any national 
-      implementation thereof, including any amended or successor 
-      version of such directive); 
-  vi. other similar, equivalent or corresponding rights throughout 
-      the world based on applicable law or treaty, and any national
-      implementations thereof.
-
-2. Waiver. To the greatest extent permitted by, but not in 
+0. Preamble
+
+This Worldwide Public Domain Dedication (WPDD) is a way give up your 
+copyright and patents in a work. It's primarily for software although 
+it should work for other kinds of works where copyright and patent 
+exist.
+
+When many of our activities involve software we must confront an 
+essential question: Who controls that software? Who decides what it 
+should do? Is it the user, or someone else?
+
+The free software movement says that you, the user, should be the one 
+in control. You should have the freedom to understand, modify, and 
+share the software that you use. This is not just a matter of 
+convenience or customization; it's an ethical imperative. Software 
+that you can't control is software that controls you, limiting your 
+freedom and restricting you.
+
+The choices we make today about software freedom will shape our
+future in profound ways. Will we live in a world where our devices
+serve us, or will we become servants to them? The free software
+movement offers a path to freedom, but it's up to us to walk it.
+
+We only recommend using this Worldwide Public Domain Dedication (WPDD) 
+for short snippets of code, and strongly encourage the use of the most 
+recent GNU General Public License (GPL) for the majority of software 
+programs. With the GPL's requirement that modified or extended 
+versions of the program are also free, it functions as a safeguard to 
+ensure user freedom prevails. See "How to choose a license for your 
+own work" for more information: 
+https://www.gnu.org/licenses/license-recommendations.html
+
+1. Definitions
+
+Affirmer is person or organization applying this Worldwide Public 
+Domain Dedication to a Work.
+
+Work is any copyrightable work that this Worldwide Public Domain 
+Dedication has been applied to.
+
+Copyright also means laws that apply to:
+* The right to reproduce, adapt, distribute, perform, display, 
+  communicate, and translate a Work;
+* Moral rights retained by the original author(s) and/or performer(s);
+* Publicity and privacy rights pertaining to a person's image or 
+  likeness depicted in a Work;
+* Rights protecting the extraction, dissemination, use and reuse of 
+  data in a Work;
+* Database rights (such as those arising under Directive 96/9/EC of 
+  the European Parliament and of the Council of 11 March 1996 on the 
+  legal protection of databases, and under any national implementation 
+  thereof, including any amended or successor version of such 
+  directive); and
+* Other similar, equivalent or corresponding rights throughout the 
+  world based on applicable law or treaty, and any national 
+  implementations thereof.
+
+2. Copyright Waiver. To the greatest extent permitted by, but not in 

 contravention of, applicable law, Affirmer hereby overtly, fully, 
 permanently, irrevocably and unconditionally waives, abandons, and 
 surrenders all of Affirmer's Copyright and Related Rights and 
 associated claims and causes of action, whether now known or unknown 
 contravention of, applicable law, Affirmer hereby overtly, fully, 
 permanently, irrevocably and unconditionally waives, abandons, and 
 surrenders all of Affirmer's Copyright and Related Rights and 
 associated claims and causes of action, whether now known or unknown 

-(including existing as well as future claims and causes of action), 
-in the Work (i) in all territories worldwide, (ii) for the maximum 
+(including existing as well as future claims and causes of action), in 
+the Work (i) in all territories worldwide, (ii) for the maximum 

 duration provided by applicable law or treaty (including future time 
 extensions), (iii) in any current or future medium and for any number 
 of copies, and (iv) for any purpose whatsoever, including without 
 limitation commercial, advertising or promotional purposes (the 
 duration provided by applicable law or treaty (including future time 
 extensions), (iii) in any current or future medium and for any number 
 of copies, and (iv) for any purpose whatsoever, including without 
 limitation commercial, advertising or promotional purposes (the 

-"Waiver"). Affirmer makes the Waiver for the benefit of each member 
-of the public at large and to the detriment of Affirmer's heirs and 
+"Waiver"). Affirmer makes the Waiver for the benefit of each member of 
+the public at large and to the detriment of Affirmer's heirs and 

 successors, fully intending that such Waiver shall not be subject to 
 revocation, rescission, cancellation, termination, or any other legal 
 or equitable action to disrupt the quiet enjoyment of the Work by the 
 successors, fully intending that such Waiver shall not be subject to 
 revocation, rescission, cancellation, termination, or any other legal 
 or equitable action to disrupt the quiet enjoyment of the Work by the 

-public as contemplated by Affirmer's express Statement of Purpose.
+public as contemplated by the Preamble.

 
 3. Public License Fallback. Should any part of the Waiver for any 
 reason be judged legally invalid or ineffective under applicable law, 
 then the Waiver shall be preserved to the maximum extent permitted 
 
 3. Public License Fallback. Should any part of the Waiver for any 
 reason be judged legally invalid or ineffective under applicable law, 
 then the Waiver shall be preserved to the maximum extent permitted 

-taking into account Affirmer's express Statement of Purpose. In 
-addition, to the extent the Waiver is so judged Affirmer hereby 
-grants to each affected person a royalty-free, non transferable, non 
-sublicensable, non exclusive, irrevocable and unconditional license 
-to exercise Affirmer's Copyright and Related Rights in the Work (i) 
-in all territories worldwide, (ii) for the maximum duration provided 
-by applicable law or treaty (including future time extensions), (iii) 
-in any current or future medium and for any number of copies, and 
-(iv) for any purpose whatsoever, including without limitation 
-commercial, advertising or promotional purposes (the "License"). The 
-License shall be deemed effective as of the date this Worldwide 
-Public Domain Dedication was applied by Affirmer to the Work. Should 
-any part of the License for any reason be judged legally invalid or 
-ineffective under applicable law, such partial invalidity or 
-ineffectiveness shall not invalidate the remainder of the License, 
-and in such case Affirmer hereby affirms that they will not (i) 
-exercise any of their remaining Copyright and Related Rights in the 
-Work or (ii) assert any associated claims and causes of action with 
-respect to the Work, in either case contrary to Affirmer's express 
-Statement of Purpose.
-
-4. Waiver of Patent Rights. Notwithstanding the provisions of section 
-2, Affirmer acknowledges that the design codes, utility, technical 
+taking into account the Preabmle. In addition, to the extent the 
+Waiver is so judged Affirmer hereby grants to each affected person a 
+royalty-free, non transferable, non sublicensable, non exclusive, 
+irrevocable and unconditional license to exercise Affirmer's Copyright 
+and Related Rights in the Work (i) in all territories worldwide, (ii) 
+for the maximum duration provided by applicable law or treaty 
+(including future time extensions), (iii) in any current or future 
+medium and for any number of copies, and (iv) for any purpose 
+whatsoever, including without limitation commercial, advertising or 
+promotional purposes (the "License"). The License shall be deemed 
+effective as of the date this Worldwide Public Domain Dedication was 
+applied by Affirmer to the Work. Should any part of the License for 
+any reason be judged legally invalid or ineffective under applicable 
+law, such partial invalidity or ineffectiveness shall not invalidate 
+the remainder of the License, and in such case Affirmer hereby affirms 
+that they will not (i) exercise any of their remaining Copyright and 
+Related Rights in the Work or (ii) assert any associated claims and 
+causes of action with respect to the Work, in either case contrary to 
+the Preamble.
+
+4. Waiver of Patents. Notwithstanding the provisions of section 2, 
+Affirmer acknowledges that the design codes, utility, technical 

 figures, charts, methods, processes, and all information related to 
 the patent/invention arising out of the Work, the sources, source 
 codes, objects, object codes and all system documentation relating 
 figures, charts, methods, processes, and all information related to 
 the patent/invention arising out of the Work, the sources, source 
 codes, objects, object codes and all system documentation relating 

-thereto shall not be confidential and shall be non-proprietary for 
-the public worldwide. To the greatest extent permitted by, but not in 
+thereto shall not be confidential and shall be non-proprietary for the 
+public worldwide. To the greatest extent permitted by, but not in 

 contravention of, applicable law, Affirmer hereby overtly, fully, 
 permanently, irrevocably and unconditionally waives, abandons, and 
 surrenders all of Affirmer's patent rights and associated claims and 
 causes of action, whether now known or unknown (including existing as 
 well as future claims and causes of action) throughout the world, 
 contravention of, applicable law, Affirmer hereby overtly, fully, 
 permanently, irrevocably and unconditionally waives, abandons, and 
 surrenders all of Affirmer's patent rights and associated claims and 
 causes of action, whether now known or unknown (including existing as 
 well as future claims and causes of action) throughout the world, 

-whether arising under federal law, state law, common law, foreign 
-law, or otherwise, for any patent/invention included by Affirmer in 
-the Work that are licensable by the Affirmer, both currently owned or 
+whether arising under federal law, state law, common law, foreign law, 
+or otherwise, for any patent/invention included by Affirmer in the 
+Work that are licensable by the Affirmer, both currently owned or 

 controlled and acquired or controlled in the future (the "Waiver of 
 Patent Rights"). The Waiver of Patent Rights shall not be subject to 
 revocation, rescission, cancellation, termination, or any other legal 
 or equitable action to disrupt the quiet enjoyment of the Work by the 
 controlled and acquired or controlled in the future (the "Waiver of 
 Patent Rights"). The Waiver of Patent Rights shall not be subject to 
 revocation, rescission, cancellation, termination, or any other legal 
 or equitable action to disrupt the quiet enjoyment of the Work by the 

-public as contemplated by Affirmer's express Statement of Purpose.
-
-5. Patent Grant Fallback. Should any part of the Waiver of Patent 
-Rights for any reason be judged legally invalid or ineffective under 
-applicable law, then the Waiver of Patent Rights shall be preserved 
-to the maximum extent permitted taking into account Affirmer's 
-express Statement of Purpose. In addition, to the extent the Waiver 
-of Patent Rights is so judged Affirmer hereby grants to each affected 
-person a royalty-free, non transferable, non sublicensable, non 
-exclusive, irrevocable and unconditional license to Affirmer's patent 
-rights, where such license applies only to those patents/inventions 
-included by Affirmer in the Work that are licensable by Affirmer, 
-both currently owned or controlled and acquired or controlled in the 
-future, that are necessarily infringed by making, having made, using, 
-selling, offering for sale, importing or transferring the Work, or 
-otherwise practicing any method or procedure in any patent/invention 
-included by Affirmer in the Work, in whole or in part, alone or in 
-combination with or included in any other Work (i) in all territories 
-worldwide, (ii) for the maximum duration provided by applicable law 
-or treaty (including future time extensions), (iii) in any current or 
-future medium and for any number of copies, and (iv) for any purpose 
-whatsoever, including without limitation commercial, advertising or 
-promotional purposes (the "Patent License"). The Patent License shall 
-be deemed effective as of the date this Worldwide Public Domain 
-Dedication was applied by Affirmer to the Work. Should any part of 
-the Patent License for any reason be judged legally invalid or 
-ineffective under applicable law, such partial invalidity or 
-ineffectiveness shall not invalidate the remainder of the Patent 
-License, and in such case Affirmer hereby affirms that they will not 
-(i) exercise any of their patent rights in the Work or (ii) assert 
-any associated claims and causes of action with respect to the Work, 
-in either case contrary to Affirmer's express Statement of Purpose.
+public as contemplated by the Preamble.
+
+5. Patent License Fallback. Should any part of the Waiver of Patents 
+for any reason be judged legally invalid or ineffective under 
+applicable law, then the Waiver of Patent Rights shall be preserved to 
+the maximum extent permitted taking into account the Preamble. In 
+addition, to the extent the Waiver of Patent Rights is so judged 
+Affirmer hereby grants to each affected person a royalty-free, non 
+transferable, non sublicensable, non exclusive, irrevocable and 
+unconditional license to Affirmer's patent rights, where such license 
+applies only to those patents/inventions included by Affirmer in the 
+Work that are licensable by Affirmer, both currently owned or 
+controlled and acquired or controlled in the future, that are 
+necessarily infringed by making, having made, using, selling, offering 
+for sale, importing or transferring the Work, or otherwise practicing 
+any method or procedure in any patent/invention included by Affirmer 
+in the Work, in whole or in part, alone or in combination with or 
+included in any other Work (i) in all territories worldwide, (ii) for 
+the maximum duration provided by applicable law or treaty (including 
+future time extensions), (iii) in any current or future medium and for 
+any number of copies, and (iv) for any purpose whatsoever, including 
+without limitation commercial, advertising or promotional purposes 
+(the "Patent License"). The Patent License shall be deemed effective 
+as of the date this Worldwide Public Domain Dedication was applied by 
+Affirmer to the Work. Should any part of the Patent License for any 
+reason be judged legally invalid or ineffective under applicable law, 
+such partial invalidity or ineffectiveness shall not invalidate the 
+remainder of the Patent License, and in such case Affirmer hereby 
+affirms that they will not (i) exercise any of their patent rights in 
+the Work or (ii) assert any associated claims and causes of action 
+with respect to the Work, in either case contrary the Preamble.

 
 6. Versions. New versions of the Worldwide Public Domain Dedication 
 (WPDD) may be released via https://wpdd.info in order to address 
 
 6. Versions. New versions of the Worldwide Public Domain Dedication 
 (WPDD) may be released via https://wpdd.info in order to address 


@@ -181,4 +184,4 @@ the WPDD to that Work.
     without limitation any person's Copyright and Related Rights in 
     the Work. Further, Affirmer disclaims responsibility for 
     obtaining any necessary consents, permissions or other rights 
     without limitation any person's Copyright and Related Rights in 
     the Work. Further, Affirmer disclaims responsibility for 
     obtaining any necessary consents, permissions or other rights 

-    required for any use of the Work.
\ No newline at end of file
+    required for any use of the Work.