The Weak Copyleft Artistic Public Licence

Draft document.

This licence is written as an optional extension to the Strong Copyleft Artistic Public Licence (SCAPL). A paragraph has been added to the Exceptions section, allowing certain uses to avoid the sharing requirements.

Preamble

This Licence establishes basic protections to Free, Libre, and Open-Source Software and other Works of Art, in a way following the author’s interpretation of the GNU Manifesto. Unlike the Free Software Foundation’s interpretation, the author believes that it is unfair and unjust for Capitalist enterprises to steal, analyse, modify, and reuse others' works in secrecy behind closed doors. Indeed, this licence was written after the concept of reciprocity, where it is only fair for you to share your work the same way I shared mine with you.

This Licence is interpreted by its author as, and was written for being, a Work of Art. The author believes it is most suited for software whose authors see as Works of Art too. And while this Licence is written so as to allow software to interoperate with differently-licensed projects, such as those under the various MIT, BSD, MPL, etc… it is sadly incompatible with Share-Alike Licences such as the GNU (A)GPL or CC-BY-*-SA ones, therefore for work relying on different interpretations and/or where GPL compatibility is desired, one should refer to the GNU Licences and FSF views.

Agreement

In order to receive this licence, you have to agree to its rules. Those rules are both obligations under that agreement and conditions to your licence. Do not do anything with this work that triggers a rule you cannot or will not follow.

Applicability

This Licence applies to any source code file or other work, in any medium, that contains a notice placed by the copyright holder stating it is governed by this Licence, as well as any work incorporating such files or works, such as combining works in source or object forms.

Copyright Grants

Provided you respect the Copyleft conditions, you are granted, as far as the law allows, the right to

use, reproduce, redistribute, perform and display the work;
modify, make additions to, merge in Larger Works, use as or in machine learning training data sets, or otherwise derive material from, the work, hereby creating Derivative Work;

all in ways that may violate the licensor’s copyright covering the work.

Database Grants

In the case you are not under a jurisdiction implementing it, you agree nonetheless to respect, just as if those were adopted as-is in form and method by a jurisdiction you are under and making them binding, the terms of the Directive 96/6/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, including as may be amended and/or succeeded.

Provided you respect the Copyleft conditions, you may treat the work as data and you are granted, as far as the law allows, the right to extract and re-utilise, either all or substantial parts of the work, hereby creating Derivative Work; all in ways that may violate the licensor’s database right covering the work.

Patent Grants

Provided you respect the Copyleft conditions, you are granted, as far as the law allows, the right to make, have made, use, offer to sell, sell, import, and otherwise transfer the work, in ways that may violate patents obtained, or which may be obtained, by Licensor or any individual or legal entity - henceforth referred to as "contributor" - and which cover a work of authorship produced by said contributor with express intent of being included in the work or being the work itself.

Copyleft

If you create Derivative Work, even if done only internally to one’s organisation^[1], you must share with the community at large the created Derivative Work in its entirety.
If you redistribute the work, either in part or in whole, you must retain all copyright notices and author attributions, as well as this Licence, and Contributor Agreement text if any, and distribute them verbatim along with a notice indicating you shared, and how to retrieve, eventual Derivative Work you created.
If you allow third-parties to use the work, either by redistributing it, including putting or embedding it in a physical object which you distribute, or rendering it available as a service, including allowing interaction with it through the Internet or other networks^[2], produce a prominent way for users to be made aware of and read those notices, attributions and Licences.
Upon request from Licensor, you must adjust copyright notices and author attributions as requested, including but not limited to, correcting, changing, and/or removing from author attributions, Licensor’s name, pseudonym, and/or any other personal information pertaining to Licensor, all before redistributing the work or rendering it available as a service. Such adjustments must be realised even in archival copies, unless, - and in which cases you still must keep author attributions correct by making it prominent and obvious to users and recipients of the work that such a request was made, - those archives are physical copies and it would require manual labour to adjust them, or unless such adjustments are forbidden by law or by a court order.
You may not sublicense work covered by this Licence. Provided they agree to the terms described in this Licence, each recipient receiving work from you automatically receives a licence from the Licensor under those terms.
You must not publish, nor host, the work on software development and/or version control platforms, either way operating on a commercial basis, or otherwise owned by for-profit entities and/or with intent of commercial finalities, such as commercial web and Git platforms.
If you received from Licensor a Cross-Licensing Contributor Agreement document establishing rules as to commercial applications of the work, then you must abide by it by contributing as is specified in that document when using the work in a commercial basis or with intent of commercial finalities.
If you did not receive from Licensor such a Cross-Licensing Contributor Agreement document, then you may not yourself add to the work nor Derivative Work one establishing such rules as to commercial applications of the work.

General Data Protection Regulation

Even if you are not under a jurisdiction implementing it, and even if they are not in the European Union, you agree nonetheless to respect just as if, and to use the work just as if, each individual data subject you allow to interact with the work is in the European Union and just as if their behaviours take place in the European Union, the terms of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation), including as may be amended and/or succeeded; henceforth referred to as "GDPR terms."
You must comply with GDPR terms even in the course of an activity falling outside the scope of Union law, disregarding §2.2(a) of the GDPR terms.

Machine Learning and Artificial Intelligence

When using the work, either in part or in whole, for the purposes of being processed or analysed by machine learning, "artificial intelligence," or "AI," softwares, products and/or apparatûs, then you must share with the community at large not only, in their entirety, all the works you used for such purposes, but also any and all results of such processes and/or analyses, as well as the entirety of the softwares, products, and/or apparatûs, used for such a purpose, all in a way suitable for modification.
If applicable law prevents you from respecting, does not allow Licensor to express and/or enforce, or otherwise allows you to ignore, the previous term, then you may not use the work for the purposes of being processed or analysed by machine learning, "artificial intelligence," or "AI," softwares, products and/or apparatûs. If applicable law prevents you from respecting, does not allow Licensor to express and/or enforce, or otherwise allows you to ignore, this term, then you are granted none of the rights that this Licence would otherwise have granted you, or, if those were granted, then licences to those rights are automatically revoked and terminated.

No Digital Rights Management Measures

You may not create Derivative Work that is, or use the Work such that it is or becomes, part of an effective technological measure under application of article 11 of the WIPO Copyright Treaty (WCT) adopted in Geneva on December 20, 1996, or under similar laws prohibiting or restricting circumvention of such measures.
When allowing third-parties to use the work, either by redistributing it or rendering it available as a service, you waive any and all legal power to forbid or restrict circumvention of such technological measures that may be part of or govern the work.
Licensor waives any and all legal power to forbid or restrict circumvention of such technological measures that may be part of or govern the work, and you are free to circumvent all such technological measures.

Exceptions

If you are an individual and make purely personal use of the work, without redistributing, nor exposing to third-parties, neither it nor eventual Derivative Work, then you are not required to share.
You are not required to share certain parts of the Work provided that are met all of these conditions:
- a) Those parts are not the Work as a whole.
- b) Those parts are strictly implementing either an official standard as specified and published by a State-recognised standardisation body, or a programming interface widely used by the community at large and specified by or for a specific programming language.
- c) Those parts are authored and produced separately from the Work, - such as by a third-party, - and do not in any way require, on their own, use, development, or operation, of the other parts of the Work.
- d) Those parts are not already licensed under either this Licence or terms that require you to share them in some capacity.
- e) There exists at least one implementation of this standard and/or interface freely available to the community at large, and licensed under either this Licence or a Secondary Licence.
If you merge the work in a Larger Work only, without doing anything else that may result in you creating a Derivative Work, then you are not required to share, but you must still comply with other Copyleft terms.

When this Licence requires you to share, do all of the following:

Publish all source code, configuration, and other works required to use, develop, and operate the Work and/or the softwares, products, or apparatûs, used for, and any and all results of, processes and analyses mentioned in Machine Learning and Artificial Intelligence, all in a way suitable for modification and in such a way that the community at large may retrieve it at no cost, without having to agree to anything else than this Licence^[3].
License under this Licence, and not another, all source code, configuration, and other works required to use, develop, and operate the softwares, products, or apparatûs, used for processes and analyses mentioned in Machine Learning and Artificial Intelligence.
License under either this Licence or a Secondary Licence, all source code, configuration, and other works required to use, develop, and operate the Work, and which is not already governed by this Licence^[4].
License under this Licence combined with the terms of the Secondary Licences covering parts of the work, if any, all Larger Works you create with the work and that you do not share in a form suitable for modification, such as compiled binary files.

Secondary Licences

When this Licence refers to Secondary Licences, are meant any licensing terms which offer the same rights as this Licence, and have no more conditions nor restrictions than those of this Licence except for the following ones:

Conditions of production and/or reproduction of legal notices and/or documentations, such as are expressed by the Boost Software License ¶2 or by the Common Attribution Public License Version 1.0 §3.4(a),
Conditions of production of notices and/or documentation of your modifications, such as are expressed by the Apache License Version 2.0 §4(b),
Conditions of production of installation information, such as are expressed by the GNU General Public License Version 3 §6¶¶3,4,5 and 6,
Conditions of modest attribution differing from that of this Licence, such as are expressed by the Common Attribution Public License Version 1.0 §14(a),
Conditions of sharing more than is required by this Licence, such as are expressed by the Parity Public License 7.0.0 §Copyleft,
Conditions of providing to recipients and/or data subjects access to more information than is required by this Licence and by the GDPR terms, as are expressed by the Cryptographic Autonomy License Version 1.0 §4.2,
Conditions of not restricting reverse engineering for debugging purposes, and of supporting recombination or relinkage of your modifications in Larger Works by users, such as are expressed by the GNU Lesser General Public License Version 3 §4¶1 and §4(d),
Conditions of, or prohibitions or restrictions on, attribution in advertisement, marketing and/or publicity materials, such as are expressed by the MIT/X11 License ¶4 or by the MIT/Enlightenment License ¶2,
Prohibitions or restrictions on reuse of the Work’s name for your modifications and on misrepresentation of the Work’s origin, as are expressed by the zlib License's second restriction or by the Artistic License 2.0 §4,
Prohibitions or restrictions on licence grants to for-profit and/or governmental entities, such as are expressed by the Anti-Capitalist Software License (v 1.4)'s third condition or by the Cooperative Software License §4(e) and §4(f),
Prohibitions or restrictions on commercial usage, usage in a commercial basis, and/or usage with intent of commercial finalities, such as are expressed by the Creative Commons Attribution-NonCommercial 4.0 International Public License §2(a), §2(b) and §4(a), or by the Floodgap Free Software License, or by the Commons Clause.

Additionally, if this Licence is a modification of it, such as is the Weak Copyleft Artistic Public Licence, then a Secondary Licence can also be the unmodified Strong Copyleft Artistic Public Licence.

Disputes

As far as the law allows, in case of dispute, you expressly give to the Licensor the right to choose the venue and arbitration proceeding jurisdiction^[5], and you agree with any and all Licensor’s eventual choices in this matter.
The arbitrator shall award attorney’s fees and costs of arbitration to the prevailing party.

Automatic Termination

If you fail or become unable to comply with this Licence, including in case due to a court order, or make accusations alleging that the work constitutes patent infringement, then this Licence is automatically revoked and terminated.

The first time you fail or become unable to comply with this Licence, and the first time only, this Licence is automatically reinstated if you come into compliance within thirty-two (32) days after being notified or otherwise learning of your noncompliance.

Liability

As far as the law allows, THIS WORK COMES AS IS, WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.

END OF TERMS AND CONDITIONS

To apply this Licence to your work, include a copyright notice in source files and explicitly state that they are governed by this Licence, and put alongside them a file containing this Licence text named "COPYING," "LICENCE," "LICENSE," or a similar name. If you need multiple of those files, then detail in a "README" file how to interpret them.
If you so desire, you can also add special exceptions in the Exceptions section, after the linking one.

To contribute to work under this Licence, it is best to license your own contributions under the same terms when modifying source files, and put differently licensed code in different files, similarly to how this is done with the Mozilla Public License.

Accompanying are notes on how to interpret some parts of this Licence.

1. Note the SCAPL Copyleft applies when you start making derivative work; **NOT** when redistributing. In this regard SCAPL is similar to RPL, and stronger than (A)GPL.

2. "including interacting via the Internet or other networks" makes the SCAPL similar to the AGPL, and addresses remote services.

3. This means that anyone can obtain the source code without having to register on a website, fill a form, or otherwise agree to terms of any service.

4. While compiled code would be under **both** SCAPL and your Licence, individual source files may have different terms. In this regard, SCAPL is similar to, and compatible with, the MPL!

5. This dispute section may appear as violating consumer protection spirit, however this Licence was not written with Consumerism in mind, and intends on protecting Artists from Capitalists.