Changes have been made in the Post-Open License Draft
The definition of YOU was tightened, and I added mention of national organization of a local entity, which this is intended to capture:
d) Any other entity in which the entity of subsection a, b, or c exercises
significant control or ownership, directly or through other entities,
and receives benefit from those entities exercise of RESTRICTED RIGHTS.
e) Any other entity which exercises significant control or ownership
of the entity of subsection a, b or c directly or through other entities,
and receives benefit from those entities exercise of RESTRICTED RIGHTS.
This includes (but is not limited to) the national organization of a local
entity.
REMUNERATION was defined.
The definition of MODIFICATION was extended with this text, replacing a simpler text regarding training of a machine learning model:
c) Production of a work with the purpose of producing a MODIFICATION,
even when the modification is done remotely, or at a later date,
or where there is no attribution indicating a MODIFICATION. For
example: producing a file to be provided to the “patch” utility to
cause the production of an altered version of the WORK; producing
a program that modifies the WORK; TRAINING of a MACHINE LEARNING
MODEL with the SOURCE CODE or any transformation of the WORK so
that the MACHINE LEARNING MODEL may later produce any output which
is influenced by that input.
The definition of RESTRICTED RIGHTS was changed. Reading of the license and the CONTACT.txt file is explicitly allowed. Non-literal copying is mentioned.
RESTRICTED RIGHTS are any rights regarding the WORK that are protected
by copyright, patent, or moral rights law; and additionally any
acts which are specifically restricted by these terms; with this
exception: you may perform the actions necessary to examine these terms
and the CONTACT.txt file and provide them to others to examine, however
you must not take advantage of other files revealed by those actions.
RESTRICTED RIGHTS include (but are not limited to) ephemeral,
non-literal, or other copying; reading or examining the WORK
other than to read these terms and the CONTACT.txt file; use,
redistribution, modification, performance of the WORK; TRAINING
of a MACHINE LEARNING MODEL with SOURCE CODE or any transformation
of the WORK; and exercise of any of the aforestated rights or acts
upon a MACHINE LEARNING MODEL TRAINED thusly.
The definition of CIRCUMVENTION STRATEGIES was extended:
CIRCUMVENTION STRATEGIES are legal or technical strategies which may
have the effect of circumventing these terms. For example: failing to
disclose to the POST-OPEN ADMINISTRATION or a LICENSOR a condition
that would cause TERMINATION; creating one or more legal entities
for the purpose of entering into these terms while insulating another
legal entity from these terms; creating a technical means of connecting
a program in the POST-OPEN COLLECTION to a second program other than
through a PUBLIC INTERFACE, which may cause that second program to not
be considered part of the WORK.
SOFTWARE AS A SERVICE and EMBEDDED SYSTEM were defined, and the definitions were used elsewhere in the document.
A SHIM was defined, and it may only be provided to parties that have a post-open license:
A SHIM is an adaptation of a PUBLIC INTERFACE or any other part of the
WORK to a different interface, which may have the effect of circumventing
these terms, even if it has another technical purpose. SHIMS is the plural
of SHIM.
A POST-OPEN PERMISSION was defined to be the POST-OPEN ZERO-COST LICENSE, The POST-OPEN ZERO-COST CONTRACT, and the POST-OPEN PAID CONTRACT. POST-OPEN PERMISSIONS was defined to be the set of all three, and these were used throughout the document.
All mention of end-user revenue became revenue without mention of the end-user. Coupling from a manufacturer all the way through to a retail transaction was too complicated.
Terms regarding seal were added:
A party to a dispute concerning these terms or the breach thereof may
obtain filing under seal of information that would otherwise be restricted
under these terms:
a) By consent of all parties where that is allowed. [California requires
a court order to file a record under seal.]
b) By order of the court or arbitrator under the rules prevailing upon
that adjudication.