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<h1>Information about the <a href="../LICENSE_1_0.txt">Boost Software License</a> </h1>

<p><a href="../LICENSE_1_0.txt">License text</a><br>
<a href="#Introduction">Introduction</a><br>
<a href="#History">History</a><br>
<a href="#Rationale">Rationale</a><br>
<a href="#FAQ">FAQ</a><br>
<a href="#Transition">Transition</a><br>
<a href="#Acknowledgements">Acknowledgements</a></p>

<h2><a name="Introduction">Introduction</a></h2>

<p>The <a href="../LICENSE_1_0.txt">Boost Software License</a> specifies the terms and 
conditions of use for the Boost libraries covered by the license.</p>

<p>Some Boost libraries have their own licenses. The hope is that eventually all 
Boost libraries will be covered by the Boost Software License.</p>

<h2><a name="History">History</a></h2>

<p>As Boost grew, it became unmanageable for each Boost file to have 
its own license. Users complained that each license needed to be reviewed, and that 
reviews were difficult or impossible if Boost libraries contained many different licenses. 
Boost moderators and maintainers  spent excessive time dealing with license 
issues. Boost developers often copied existing licenses without actually knowing 
if the license wording met legal needs.</p>
<p>To clarify these licensing issues, the Boost moderators asked for help from 
the <a href="http://cyber.law.harvard.edu">Berkman Center for Internet &amp; Society</a> 
at Harvard Law School, Cambridge, Massachusetts, USA. It was requested that a 
single Boost license be developed that met the traditional requirements that Boost licenses, particularly:</p>
<ul>
  <li>Must be simple to read and understand. </li>
  <li>Must grant permission without fee to copy, use and modify the software for 
  any use (commercial and non-commercial). </li>
  <li>Must require that the license appear with all copies [including 
  redistributions] of the software source code. </li>
  <li>Must not require that the license appear with executables or other binary 
  uses of the library. </li>
  <li>Must not require that the source code be available for execution or other 
  binary uses of the library. </li>
</ul>

<p>Additionally, other common open source licenses were studied to see what 
additional issues were being treated, and additions representing good legal 
practice were also requested. The result is the <a href="../LICENSE_1_0.txt">Boost 
Software License</a>.</p>

<h2><a name="Rationale">Rationale</a></h2>

<p>The following rationale was provided by Devin Smith, the 
lawyer who wrote the Boost Software License. It has been edited slightly for 
brevity. Editorial additions are shown in square brackets.</p>

<h3>Benefit of Common Software License</h3>
<p>If one of Boost's goals is to ease use and adoption of the various
libraries made available by Boost, it does make sense to try to
standardize the licenses under which the libraries are made available to
users. (I make some recommendations about a possible short-form license
below.)</p>
<p>[Standardizing the license will not] necessarily address the issue of satisfying
corporate licensees. Each corporation will have its own concerns, based
on their own experiences with software licensing and distribution and,
if they're careful, will want to carefully review each license, even if
they've been told that they're all standard. I would expect that,
unless we're remarkably brilliant (or lucky) in drafting the standard
Boost license, the standard license won't satisfy the legal departments
of all corporations. I imagine that some will, for instance, absolutely
insist that licensors provide a warranty of title and provide
indemnification for third-party intellectual property infringement
claims. Others may want functional warranties. (If I were advising the
corporations, I would point out that they're not paying anything for the
code and getting such warranties from individual programmers, who
probably do not have deep pockets, is not that valuable anyway, but
other lawyers may disagree.)</p>
<p>But this can be addressed, not by trying to craft the perfect standard 
license, but by informing the corporations that they can, if they don't like the 
standard license, approach the authors to negotiate a different, perhaps even 
paid, license.</p>
<p>One other benefit of adopting a standard license is to help ensure that
the license accomplishes, from a legal perspective, what the authors
intend. For instance, many of the [original] licenses for the libraries available
on boost.org do not disclaim the warranty of title, meaning that the
authors could, arguably, be sued by a user if the code infringes the
rights of a third party and the user is sued by that third party. I
think the authors probably want to disclaim this kind of liability.</p>
<h3>Short-Form License</h3>
<p>Without in anyway detracting from the draft license that's been
circulated [to Boost moderators], I'd like to propose an alternative &quot;short-form&quot; license that
Boost could have the library authors adopt. David [Abrahams] has expressed a
desire to keep things as simple as possible, and to try to move away
from past practice as little as possible, and this is my attempt at a
draft.</p>
<p>This license, which is very similar to the BSD license and the MIT
license, should satisfy the Open Source Initiative's Open Source
Definition: (i) the license permits free redistribution, (ii) the
distributed code includes source code, (iii) the license permits the
creation of derivative works, (iv) the license does not discriminate
against persons or groups, (v) the license does not discriminate against
fields of endeavor, (vi) the rights apply to all to whom the program is
redistributed, (vii) the license is not specific to a product, and (viii) the 
license is technologically neutral (i.e., it does not [require] an explicit gesture of 
assent in order to establish a contract between licensor and licensee).</p>
<p>This license grants all rights under the owner's copyrights (as well as an 
implied patent license), disclaims all liability for use of the code (including 
intellectual property infringement liability), and requires that all subsequent 
copies of the code [except machine-executable object code], including partial copies and derivative works, include the 
license.</p>

<h2><a name="FAQ">FAQ</a></h2>

<p><b>How is the Boost license different from the
<a href="http://www.opensource.org/licenses/gpl-license.php">GNU General Public 
License (GPL)</a>?</b></p>

<p>The Boost license permits the creation of derivative works for commercial or 
non-commercial use with no legal requirement to release your source code. Other 
differences include Boost not requiring reproduction of copyright messages for 
object code redistribution. The GPL is also much longer.</p>

<p><b>Why the phrase &quot;machine-executable object code generated by a source 
language processor&quot;?</b></p>

<p>To distinguish cases where we do not require reproduction of the copyrights 
and license, such as object libraries, shared libraries, and final program 
executables, from cases where reproduction is still required, such as 
distribution of self-extracting archives of source code or precompiled header 
files. More detailed wording was rejected as not being legally necessary, and 
reducing readability.</p>

<p><b>Why is the &quot;disclaimer&quot; paragraph of the license entirely in uppercase?</b></p>

<p>Capitalization of these particular provisions is a US legal mandate for 
consumer protection. (Diane Cabell)</p>

<p><b>Does the copyright and license cover interfaces too?</b></p>

<p>The conceptual interface to a library isn't covered. The particular 
representation expressed in the header is covered, as is the documentation, 
examples, test programs, and all the other material that goes with the library. 
A different implementation is free to use the same logical interface, however. 
Interface issues have been fought out in court several times; ask a lawyer for 
details.</p>

<p><b>Why doesn't the license prohibit the copyright holder from patenting the 
covered software?</b></p>

<p>No one who distributes their code under the terms of this license could turn 
around and sue a user for patent infringement. (Devin Smith)</p>

<p>Boost's lawyers were well aware of patent provisions in licenses like the GPL 
and CPL, and would have included such provisions in the Boost license if they 
were believed to be legally useful.</p>

<p><b>Why doesn't the copyright message say &quot;All rights reserved&quot;?</b></p>

<p>Devin Smith says &quot;I don't think it belongs in the copyright notice for 
anything (software, electronic documentation, etc.) that is being licensed. It 
belongs in books that are sold where, in fact, all rights (e.g., to reproduce 
the book, etc.) are being reserved in the publisher or author. I think it 
shouldn't be in the BSD license.&quot;</p>

<h2><a name="Transition">Transition</a></h2>

<p>To ease the transition of the code base towards the new common
license, several people decided to give a <a
href="blanket-permission.txt">blank permission</a> for all 
their contributions to use the new license. This hopefully helps
maintainers to switch to the new license once the list contains enough
names without asking over and over again for each change. Please
consider adding your name to the list.</p> 

<h2><a name="Acknowledgements">Acknowledgements</a></h2>
<p>Dave Abrahams led the Boost effort to develop better licensing. The legal 
team was led by
<a href="http://cyber.law.harvard.edu/people/cabell/index.html">Diane Cabell</a>, 
Director, Clinical Programs, <a href="http://cyber.law.harvard.edu">Berkman 
Center for Internet &amp; Society</a>, Harvard Law School.
<a href="http://www.nixonpeabody.com/attorneys_detail1.asp?ID=121">Devin Smith</a>, attorney, <a href="http://www.nixonpeabody.com/default.asp">
Nixon Peabody LLP</a>, wrote the Boost License. Eva Chan, Harvard Law School, 
contributed analysis of Boost issues and drafts of various legal documents. 
Boost members reviewed drafts of the license. Beman Dawes wrote this web page.</p>
<hr>
<p>Revised
<!--webbot bot="Timestamp" S-Type="EDITED" S-Format="%d %B, %Y" startspan -->03 December, 2003<!--webbot bot="Timestamp" endspan i-checksum="39365" --></p>

<p> © Copyright Beman Dawes, Daniel Frey 2003.</p>
<p> Use, modification, and distribution are subject to the Boost Software 
License, Version 1.0. (See accompanying file <a href="../LICENSE_1_0.txt">
LICENSE_1_0.txt</a> or copy at <a href="http://www.boost.org/LICENSE_1_0.txt">
www.boost.org/LICENSE_1_0.txt</a>)</p>

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