DRAFT
FREE SOFTWARE ACT
Version 4
INTERNATIONAL, INTERDISCIPLINARY ADVISORY COMMITTEE MEMBERS
(Jaco Aizenman, Maureen O’Sullivan, Martin Pedersen, Pedro Rezende, Shilu Shah, Pia Smith, Jorge Villar)
(comments to maureen@fsc.cc
or Fsact@lists.fsc.cc)
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| DOI: 10.2966/scrip.010304.636 | ||
Recitals:
(i) “Free
software” for the purposes of this Act is not a technical
definition. Instead, it is software, copyrighted and licensed so as
to assure users, copiers, modifiers, distributors and any other
beneficiaries of free software of certain freedoms. It also includes
software developed by public bodies using public funds.
(ii) Any
user, copier, modifier, distributor or beneficiary of free software
has standing to sue for any violation of this Act.
(iii) This
Act affords legislative protection to the terms and conditions of any
free software licence. It does not abrogate the conditions of any
licence. This paragraph will supersede any other recital or section
of this Act. It does not “copyleft” any non-copylefted
free software or alter the conditions under which such software is
released to the public.
(iv) Where
non-proprietary software has not been released under a licence, the
provisions of this Act shall apply, unless expressly excluded.
(v) If a
non-proprietary software developer’s or developers’
copyright is not recognised in court, the relevant terms and
conditions of this Act shall apply.
(vi) If
the contractual terms of a non-proprietary software licence are not
upheld, the rights to use, copy, modify and distribute are
automatically governed by this Act, unless the terms of same are
expressly excluded.
Sections:
1. Free
software guarantees the following freedoms to its authors, users,
copiers, modifiers, distributors and any other beneficiaries:
(a) The
right to access the source code of any free software program.
(b) The
right to run the program.
(c) The right to copy the program.
(d) The
right to modify the program.
(e) The
right to distribute the program.
2.
Authors’ rights shall be protected in the following way,
subject to any contradictory requirements of any licences used to
cover the program or in cases where relevant provisions of such
licences are not upheld in court:
(a) The
author of any free software program retains the right of attribution
to his/her work.
(b) Any
modifier must acknowledge the authorship of the original program and
the authorship of the modification.
(c) All
authorship must always be correctly attributed.
3. All
users, copiers, modifiers, distributors and beneficiaries of free
software have the right to know about and be informed about the
rights listed in section 1 and section 2 of this Act.
4.
Distributors of free software, whether in its original, copied or
modified form, when distributing the program, may not restrict any of
the rights in sections 1, 2 and 3, subject to contrary terms of any
licences or in cases where such licences are not upheld or where
provisions of this Act are not expressly excluded.
5. Copies
of the program may be distributed in exchange for money, providing
that the rights in sections 1, 2, 3 and 4 are preserved.
6.
Exemptions from liability:
(a) When
any free software user, programmer, modifier, distributor or
beneficiary inadvertently violates a proprietary software licence,
s/he will be exempt from the payment of damages and shall be granted
a reasonable time in which to rectify any such situation.
(b) When
any free software programmer, while engaged in free software
development, inadvertently violates a software copyright, s/he will
be exempt from the payment of damages and shall be granted a
reasonable time in which to rewrite any infringing code. If the
infringed, copyrighted program is no longer being maintained, no
liability of any type shall accrue.
(c)
Software patents have no application whatsoever to free software and
no liability shall accrue for their inadvertent or deliberate
infringement.
(d) The
burden of proof to identify any infringing code or activity
enumerated in 6(a), 6(b) and 6(c) will fall on the plaintiff.
(e) There should be no warranties for free software, unless such a warranty has been requested by the purchaser, agreed to by the vendor and paid for appropriately.
7. Where
a program has been developed in more than one jurisdiction, each with
different copyright and contractual laws, the provisions of this Act
will apply, unless expressly excluded by the software licence.
8.
Sanctions:
Any violation of this Act will result in an obligation on the part of those responsible to give access to the source code of any modified program based on free software.
Further
sanctions may be imposed by the courts or any tribunals set up,
especially for the hearing of free software cases.
Definitions:
The
Program: The “program” in this Act means the program,
copies of the program, modified versions of the program and copies of
modified versions of the program and source code of the same.
Beneficiary
of free software: A beneficiary of free software is anyone who
benefits in any way from free software use, copying and modification,
whether directly or indirectly.
Free software programmer: Any programmer who works alone, in a free software community or for any government body.
© 2003, 2004, Maureen O’Sullivan, B.A., DipL., B.C.L.(Cork), LL.M.(Warwick), Lecturer in Law, UWE, UK, President Free Software Consortium Foundation, Co-ordinator Legal Governing Body and Cyber Tribunal, FSC.
This document may be reproduced verbatim in any medium, providing that this attribution is preserved.