add openbsd policy HTML page - webdump_tests - Testfiles for webdump
 (HTM) git clone git://git.codemadness.org/webdump_tests
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 (DIR) README
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 (DIR) commit 05005d3d586d7414b5a54119b5b74b90bbedd5ea
 (DIR) parent 8e14ab0ee72ee2ed91c73d7a47b548303de9366f
 (HTM) Author: Hiltjo Posthuma <hiltjo@codemadness.org>
       Date:   Sat,  9 Sep 2023 12:04:29 +0200
       
       add openbsd policy HTML page
       
       some things to do:
       
       - <pre> white-space
       - nested optional <p> tags need more work
       
       Diffstat:
         A realworld/openbsd_policy.html       |     405 +++++++++++++++++++++++++++++++
       
       1 file changed, 405 insertions(+), 0 deletions(-)
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 (DIR) diff --git a/realworld/openbsd_policy.html b/realworld/openbsd_policy.html
       @@ -0,0 +1,405 @@
       +<!doctype html>
       +<html lang=en>
       +<meta charset=utf-8>
       +
       +<title>OpenBSD: Copyright Policy</title>
       +<meta name="viewport" content="width=device-width, initial-scale=1">
       +<link rel="stylesheet" type="text/css" href="openbsd.css">
       +<link rel="canonical" href="https://www.openbsd.org/policy.html">
       +
       +<style>
       +h3 {
       +        color: var(--red);
       +}
       +</style>
       +
       +<h2 id=OpenBSD>
       +<a href="index.html">
       +<i>Open</i><b>BSD</b></a>
       +Copyright Policy
       +</h2>
       +
       +<hr>
       +
       +<h3>Goal</h3>
       +
       +<p>
       +Copyright law is complex, OpenBSD policy is simple &mdash; OpenBSD strives to
       +provide code that can be freely used, copied, modified, and distributed
       +by anyone and for any purpose.  This maintains the spirit of the original
       +Berkeley Software Distribution.  The preferred wording of a license to be
       +applied to new code can be found in the
       +<a href="https://cvsweb.openbsd.org/src/share/misc/license.template?rev=HEAD">license template</a>.
       +
       +<p>
       +OpenBSD can exist as it does today because of the example set by the
       +Computer Systems Research Group at Berkeley and the battles which they
       +and others fought to create a Unix source distribution un-encumbered
       +by proprietary code and commercial licensing.
       +
       +<p>
       +The ability of a <strong>freely redistributable</strong> "Berkeley" Unix
       +to move forward on a competitive basis with other operating systems depends
       +on the willingness of the various development groups to exchange code amongst
       +themselves and with other projects.
       +Understanding the legal issues surrounding copyright is fundamental to
       +the ability to exchange and re-distribute code, while honoring the spirit of
       +the copyright and concept of attribution is fundamental to promoting the
       +cooperation of the people involved.
       +
       +<h3>The Berkeley Copyright</h3>
       +
       +<p>
       +The original Berkeley copyright poses no restrictions on private or commercial
       +use of the software and imposes only simple and uniform requirements
       +for maintaining copyright notices in redistributed versions and
       +crediting the originator of the material <strong>only</strong> in
       +advertising.
       +<p>
       +For instance:
       +<p>
       +<pre>
       + * Copyright (c) 1982, 1986, 1990, 1991, 1993
       + *        The Regents of the University of California.  All rights reserved.
       + *
       + * Redistribution and use in source and binary forms, with or without
       + * modification, are permitted provided that the following conditions
       + * are met:
       + * 1. Redistributions of source code must retain the above copyright
       + *    notice, this list of conditions and the following disclaimer.
       + * 2. Redistributions in binary form must reproduce the above copyright
       + *    notice, this list of conditions and the following disclaimer in the
       + *    documentation and/or other materials provided with the distribution.
       + * 3. All advertising materials mentioning features or use of this software
       + *    must display the following acknowledgement:
       + *        This product includes software developed by the University of
       + *        California, Berkeley and its contributors.
       + * 4. Neither the name of the University nor the names of its contributors
       + *    may be used to endorse or promote products derived from this software
       + *    without specific prior written permission.
       + *
       + * THIS SOFTWARE IS PROVIDED BY THE REGENTS AND CONTRIBUTORS ``AS IS'' AND
       + * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
       + * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
       + * ARE DISCLAIMED.  IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE
       + * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
       + * DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
       + * OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
       + * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
       + * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
       + * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
       + * SUCH DAMAGE.
       + *
       +</pre>
       +<p>
       +Berkeley rescinded the 3rd term (the advertising term) on 22 July 1999.
       +Verbatim copies of the Berkeley license in the OpenBSD tree have that
       +term removed.  In addition, many 3rd-party BSD-style licenses consist
       +solely of the first two terms.
       +<p>
       +Because the OpenBSD copyright imposes no conditions beyond those
       +imposed by the Berkeley copyright, OpenBSD can hope to share the same
       +wide distribution and applicability as the Berkeley distributions.
       +It follows however, that OpenBSD cannot include material which
       +includes copyrights which are more restrictive than the Berkeley
       +copyright, or must relegate this material to a secondary status,
       +i.e. OpenBSD as a whole is freely redistributable, but some optional
       +components may not be.
       +
       +<h3>Copyright Law</h3>
       +
       +<p>
       +While the overall subject of copyright law is far beyond the scope of
       +this document, some basics are in order.  Under the current copyright law,
       +copyrights are implicit in the creation of a new work and reside with
       +the creator.  In general the copyright applies
       +only to the new work, not the material the work was derived from, nor
       +those portions of the derivative material included in the new work.
       +
       +<p>
       +Copyright law admits to three general categories of works:
       +<dl>
       +<dt>Original Work
       +<dd>A new work that is not derived from an existing work.
       +<dt>Derivative Work
       +<dd>Work that is derived from, includes or amends existing works.
       +<dt>Compilation
       +<dd>A work that is a compilation of existing new and derivative works.
       +</dl>
       +
       +<p>
       +The fundamental concept is that there is primacy of the copyright, that
       +is a copyright of a derivative work does not affect the rights held by
       +the owner of the copyright of the original work, rather only the part
       +added.  Likewise the copyright of a compilation does not affect the rights
       +of the owner of the included works, only the compilation as an entity.
       +
       +<p>
       +It is vitally important to understand that copyrights are broad protections
       +as defined by national and international copyright law.  The "copyright
       +notices" usually included in source files are not copyrights, but rather
       +notices that a party asserts that they hold copyright to the material or
       +to part of the material.  Typically these notices are associated with
       +license terms which grant permissions subject to copyright law and with
       +disclaimers that state the position of the copyright holder/distributor
       +with respect to liability surrounding use of the material.
       +
       +<p>
       +By international law, specifically the Berne Convention for the
       +Protection of Literary and Artistic Works, part of the author's
       +copyright, the so-called moral rights, are inalienable.  This
       +includes the author's right "to claim authorship of the work and
       +to object to any distortion, mutilation or other modification of,
       +or other derogatory action in relation to, the said work, which
       +would be prejudicial to his honor or reputation".  In some countries,
       +the law reserves additional inalienable moral rights to the author.
       +On the other hand, the author is free to transfer other parts
       +of his copyright, the so-called economic rights, in particular the
       +rights to use, copy, modify, distribute, and license the work.
       +
       +<h3>Permissions &mdash; the flip side</h3>
       +
       +<p>
       +Because copyrights arise from the creation of a work, rather than through
       +a registration process, there needs to be a practical way to extend
       +permission to use a work beyond what might be allowed by "fair use"
       +provisions of the copyright laws.
       +
       +<p>
       +This permission typically takes the form of a "release" or "license"
       +included in the work, which grants the additional uses beyond those
       +granted by copyright law, usually subject to a variety of conditions.
       +At one extreme sits "public domain" where the originator asserts that
       +he imposes no restrictions on  use of the material, at the other
       +restrictive clauses that actually grant no additional rights or impose
       +restrictive, discriminatory or impractical conditions on use of the work.
       +
       +<p>
       +Note that a license is not to be confused with a copyright transfer.
       +While a transfer would give the new copyright holder <em>exclusive</em>
       +rights to use the code and take these rights away from the author,
       +a license typically grants <em>additional</em> people non-exclusive
       +rights to use the code, while the authors retain all their rights.
       +
       +<p>
       +The above observations regarding moral rights imply that putting
       +code under an ISC or two-clause BSD license essentially makes the
       +code as free as it can possibly get.  Modifying the wording of these
       +licenses can only result in one of the three following effects:
       +
       +<ul>
       +<li>making the code less free by adding additional restrictions
       +regarding its use, copying, modification or distribution;
       +<li>or effectively not changing anything by merely changing the wording,
       +but not changing anything substantial regarding the legal content;
       +<li>or making the license illegal by attempting to deprive the
       +authors of rights they cannot legally give away.
       +</ul>
       +
       +<p>
       +Again, an important point to note is that the release and conditions can
       +only apply to the portion of the work that was originated by the copyright
       +holder&mdash;the holder of a copyright on a derivative work can neither
       +grant additional permissions for use of the original work, nor impose more
       +restrictive conditions for use of that work.
       +
       +<p>
       +Because copyright arises from the creation of a work and not the text
       +or a registration process, removing or altering a copyright notice or
       +associated release terms has no bearing on the existence of the copyright,
       +rather all that is accomplished is to cast doubt upon whatever rights the
       +person making the modifications had to use the material in the first place.
       +Likewise, adding terms and conditions in conflict with the original terms
       +and conditions does not supersede them, rather it casts doubts on the rights
       +of the person making the amendments to use the material and creates confusion
       +as to whether anyone can use the amended version or derivatives thereof.
       +
       +<p>
       +Finally, releases are generally binding on the material that they
       +are distributed with.  This means that if the originator of a work distributes
       +that work with a release granting certain permissions, those permissions
       +apply as stated, without discrimination, to all persons legitimately
       +possessing a copy of the work.  That means that having granted a permission,
       +the copyright holder can not retroactively say that an individual or class
       +of individuals are no longer granted those permissions.  Likewise should
       +the copyright holder decide to "go commercial" he can not revoke permissions
       +already granted for the use of the work as distributed, though he may impose
       +more restrictive permissions in his future distributions of that work.
       +
       +<h3>Specific Cases</h3>
       +
       +<p>
       +This section attempts to summarize the position of OpenBSD relative to
       +some commonly encountered copyrights.
       +
       +<dl>
       +<dt>Berkeley<dd><p>
       +The Berkeley copyright is the model for the OpenBSD copyright.  It retains
       +the rights of the copyright holder, while imposing minimal conditions on
       +the use of the copyrighted material.  Material with Berkeley copyrights,
       +or copyrights closely adhering to the Berkeley model can generally be
       +included in OpenBSD.
       +<p>
       +
       +<dt>AT&amp;T<dd><p>
       +As part of its settlement with AT&amp;T, Berkeley included an
       +AT&amp;T copyright notice on some of the files in 4.4BSD lite and lite2.
       +The terms of this license are identical to the standard Berkeley license.
       +<p>
       +Additionally, OpenBSD includes some other AT&amp;T code with non-restrictive
       +copyrights, such as the reference implementation of
       +<a href="https://github.com/onetrueawk/awk">awk</a>.
       +<p>
       +
       +<dt>Caldera<dd><p>
       +The original Unix code (AT&amp;T versions 1 through 7 UNIX, including 32V)
       +was freed by Caldera, Inc. on 23 January 2002 and is now available under a
       +<a href="http://www.tuhs.org/Archive/Caldera-license.pdf">4-term BSD-style license</a>.
       +As a result, it would theoretically be possible to incorporate original
       +Unix code into OpenBSD.  However, that code is now so old that it does not
       +satisfy today's interface and quality standards.
       +<p>
       +
       +<dt>DEC, Sun, other manufacturers/software houses.<dd><p>
       +In general OpenBSD does not include material copyrighted by manufacturers
       +or software houses.  Material may be included where the copyright owner has
       +granted general permission for reuse without conditions, with terms similar
       +to the Berkeley copyright, or where the material is the product of an
       +employee and the employer's copyright notice effectively releases any
       +rights they might have to the work.
       +<p>
       +
       +<dt>Carnegie-Mellon (CMU, Mach)<dd><p>
       +The Carnegie-Mellon copyright is similar to the Berkeley copyright, except
       +that it requests that derivative works be made available to Carnegie-Mellon.
       +Because this is only a request and not a condition, such material can still
       +be included in OpenBSD.  It should be noted that existing versions of Mach
       +are still subject to AT&amp;T copyrights, which prevents the general
       +distribution of Mach sources.
       +<p>
       +
       +<dt>Apache<dd><p>
       +The original Apache license was similar to the Berkeley license,
       +but source code published under version 2 of the Apache license is
       +subject to additional restrictions and cannot be included into OpenBSD.
       +In particular, if you use code under the Apache 2 license, some of
       +your rights will terminate if you claim in court that the code
       +violates a patent.
       +<p>
       +
       +A license can only be considered fully permissive if it allows use
       +by anyone for all the future without giving up any of their rights.
       +If there are conditions that might terminate any rights in the
       +future, or if you have to give up a right that you would otherwise
       +have, even if exercising that right could reasonably be regarded
       +as morally objectionable, the code is not free.
       +<p>
       +
       +In addition, the clause about the patent license is problematic because
       +a patent license cannot be granted under Copyright law, but only under
       +contract law, which drags the whole license into the domain of contract
       +law.  But while Copyright law is somewhat standardized by international
       +agreements, contract law differs wildly among jurisdictions.  So what
       +the license means in different jurisdictions may vary and is hard to
       +predict.
       +<p>
       +
       +<dt>ISC<dd><p>
       +The ISC copyright is functionally equivalent to a two-term BSD
       +copyright with language removed that is made unnecessary by the
       +Berne convention.  This is the preferred license for new code
       +incorporated into OpenBSD.  A sample license is available in the file
       +<a href="https://cvsweb.openbsd.org/src/share/misc/license.template?rev=HEAD">/usr/share/misc/license.template</a>.
       +<p>
       +
       +<dt>GNU General Public License, GPL, LGPL, copyleft, etc.<dd><p>
       +The GNU Public License and licenses modeled on it impose the restriction
       +that source code must be distributed or made available for all works that
       +are derivatives of the GNU copyrighted code.
       +
       +<p>
       +While this may superficially look like a noble strategy, it is a
       +condition that is typically unacceptable for commercial use of software.
       +So in practice, it usually ends up hindering free sharing and reuse
       +of code and ideas rather than encouraging it.
       +As a consequence, no additional software bound by the GPL terms
       +will be considered for inclusion into the OpenBSD base system.
       +
       +<p>
       +For historical reasons, the OpenBSD base system still includes the
       +following GPL-licensed components: the GNU compiler collection (GCC)
       +with supporting binutils and libraries, GNU CVS, GNU texinfo,
       +the mkhybrid file system creation tool, and the
       +readline library.  Replacement by equivalent, more freely licensed
       +tools is a long-term desideratum.
       +<p>
       +
       +<dt>NetBSD<dd><p>
       +Much of OpenBSD is originally based on and evolved from NetBSD, since some
       +of the OpenBSD developers were involved in the NetBSD project.  The general
       +NetBSD license terms are compatible with the Berkeley license and permit
       +such use.  Material subject <strong>only</strong> to the general NetBSD
       +license can generally be included in OpenBSD.
       +<p>
       +
       +In the past, NetBSD has included material copyrighted by individuals
       +who have imposed license conditions beyond that of the general
       +NetBSD license, but granted the NetBSD Foundation license to
       +distribute the material.  Such material can not be included in
       +OpenBSD as long as the conditions imposed are at odds with the
       +OpenBSD license terms or releases from those terms are offered on
       +a discriminatory basis.
       +<p>
       +
       +<dt>FreeBSD<dd><p>
       +Most of FreeBSD is also based on Berkeley licensed material or includes
       +copyright notices based on the Berkeley model.  Such material can be
       +included in OpenBSD, while those parts that are subject to GPL or
       +various individual copyright terms that are at odds with the OpenBSD license
       +can not be included in OpenBSD.
       +<p>
       +
       +<dt>Linux<dd><p>
       +Most of Linux is subject to GPL style licensing terms and therefore
       +can not be included in OpenBSD.  Individual components may be eligible,
       +subject to the terms of the originator's copyright notices.  Note that
       +Linux "distributions" may also be subject to additional copyright claims
       +of the distributing organization, either as a compilation or on material
       +included that is not part of the Linux core.
       +<p>
       +
       +<dt>X.Org<dd><p>
       +The X.Org Foundation maintains and distributes the X Window System
       +under a modified MIT license, which is quite similar to the BSD
       +license and additionally allows sublicensing.  Under the name of
       +Xenocara, the OpenBSD base system includes an improved and actively
       +maintained version of the X.Org code.
       +<p>
       +
       +<dt>Shareware, Charityware, Freeware, etc.<dd><p>
       +Most "shareware" copyright notices impose conditions for redistribution,
       +use or visibility that are at conflict with the OpenBSD project goals.
       +Review on a case-by-case basis is required as to whether the wording
       +of the conditions is acceptable in terms of conditions being requested vs.
       +demanded and whether the spirit of the conditions is compatible with
       +goals of the OpenBSD project.
       +<p>
       +
       +<dt>Public Domain<dd><p>
       +While material that is truly entered into the "public domain" can be
       +included in OpenBSD, review is required on a case by case basis.
       +Frequently the "public domain" assertion is made by someone who does
       +not really hold all rights under copyright law to grant that status or
       +there are a variety of conditions imposed on use.   For a work to be
       +truly in the "public domain" all rights are abandoned and the material
       +is offered without restrictions.
       +<p>
       +
       +In some jurisdictions, it is doubtful whether voluntarily placing
       +one's own work into the public domain is legally possible.
       +For that reason, to make any substantial body of code free,
       +it is preferable to state the copyright and put it under an ISC
       +or BSD license instead of attempting to release it into the public
       +domain.
       +
       +</dl>