IANG license translation draft

[Patrick Godeau <pogo@xxxxxxxxx>]

Hello Dmytri,

Here at last is my translation of the IANG license. Sorry for the 
delay... This is a draft and be aware that English is not my native 
tongue. If something is unclear don't hesitate to ask me.

I've seen your interesting article about copyfarleft. We seem to share 
the same diagnosis about limitations of copyleft in a capitalist 
economy, even if we may have subtle differences about proposals. I'll 
try to write a detailed response as soon as possible.

Best regards,

--
Patrick

IANG License - Translation Draft

WARNING

This is a translation draft. Do not use it except for personal information. Please refer to the original license in French. If you are an English speaker and wish to correct this translation, or better, if you are a lawyer and wish to validate it against law, please contact the author at www.iang.info.

PREAMBLE

The IANG license is a free license, namely it allows users not only to use, but also analyse, modify and distribute the creation to which it applies. However, it differs from most other free licenses on several points.

First, this license applies to any type of intellectual creation, whether in technical, literary or artistic field. It allows all creators, whatever their specialty, to guarantee the greatest social utility of their production.

Next, this license likewise attributes economic rights. It guarantees to everyone the freedom to access the accounting of each commercial distribution of the creation, and entrusts its economic management to those who finance it by their donations, purchases or investments.

Last, this license requires the democratic exercise of the freedoms it grants. It allows every person contributing to a creative or economic project based on the creation to participate in decisions concerning this project.

DEFINITIONS

"User" means the individual or legal entity exercising the rights granted by this license.

"Creation" means the material subject to intellectual property rights and delivered to the User under this license.

"Creative Contribution" means any modification of the Creation in the sense of intellectual property rights, including but not limited to adaptation, correction, translation, sampling, incorporation of, or in another work.

"Creative Project" means a particular and well identified individual or collective entity bringing, whether within a public or private framework, Creative Contributions to the Creation in order to develop it.

"Creative Contributor" means an individual or legal entity bringing Creative Contributions to a Creative Project.

"Economic Contribution" means any form of monetary contribution, including but not limited to donation, purchase, subscription, assessment, investment, capital.

"Economic Project" means a well identified economic and legal entity receiving, whether within a public or private framework, Economic Contributions in exchange of a product or service containing the Creation or in order to develop it, including if the monetary amount is unconstrained, and including if the Creation is included gratis or does not represent the main object of product or service.

"Economic Contributor" means an individual or legal entity bringing Economic Contributions to an Economic Project.

CONDITIONS OF USE, REPRODUCTION, MODIFICATION, DISTRIBUTION, COMMERCIALISATION

1. USE

Use of the Creation by the User, for any personal or professional application, is allowed without condition, but also without warranty of any sort to the extent permitted by law, except if explicitly stated by authors or distributors.

2. REPRODUCTION

Reproduction on any medium of the Creation by the User is allowed, provided that the following informations are attached to it.

2.1. NAMING INFORMATION

It includes, for the Creation, each of its parts and each of its possible modifications, the names or pseudonyms and the roles or tasks of all its authors, its execution date, its nature or function, and its location on the medium.

2.2. TECHNICAL INFORMATION

It includes, according to the nature of the Creation, all known technical data and instructions necessary for its analysis, reproduction and modification, on a medium enabling their easy exploitation. For example, it is source code and compilation directives of a software, or description of manufacturing process of an invention.

2.3. LEGAL INFORMATION

It includes a prominently visible notice mentioning intellectual property of the Creation, rights of use, reproduction, modification, distribution, information and participation according to the IANG license, indicating where to find an easily accessible copy of the IANG license, and mentioning if necessary the absence of warranty.

3. MODIFICATION

Modification of the Creation by the User within a Creative Project is allowed provided the following conditions.

3.1. COMPLETE INFORMATION

Naming and technical informations specified in article 2 must be completed precisely for each modification made to the Creation. Legal information must not be suppressed or modified.

3.2. CREATIVE PARTICIPATION

Creative Contributors can participate, according to the conditions specified in article 6, in all technical or artistic decisions concerning the Creative Project, including but not limited to development orientations and priorities, integration and combination of the different works into the Creation.

4. DISTRIBUTION

Distribution of the Creation, or its reproduction or modification, by the User to any person is unrestricted provided that it is governed by this license without any modification or additional clause, and that it is accompanied by all informations specified in articles 2 and 3. These informations must also be transmitted to any person asking for them, for a cost not exceeding those of data transmission.

If the Creation was not modified then it must be distributed under the same name. If the Creation was modified then it must be distributed under a name different from other distributions, but the name of the original Creation from which the modified Creation is derived, and the name and address of one of its distributors, must be clearly mentioned in reference.

5. COMMERCIALISATION

Commercial distribution of the Creation, or its reproduction or modification, by the User within an Economic Project is unrestricted provided the following conditions, which add to the previous distribution conditions.

5.1. ECONOMIC INFORMATION

All accounting and financial economic informations known by the Economic Project must be publicized and available at a prominently mentioned address for a cost not exceeding those of data transmission, including but not limited to balance sheets, income statements, details of remunerations and all financial operations, names and addresses of all debtors, namely entities receiving money from the Economic Project, names or pseudonyms of known creditors, namely entities providing money to the Economic Project.

5.2. ECONOMIC PARTICIPATION

Economic Contributors can participate, according to the conditions specified in article 6, in all economical decisions relative to the Economic Project, including but not limited to priorities and amounts of investments and remunerations, distribution of profits, financing policy and selling price of all products or services including the Creation.

6. PARTICIPATION

6.1. DEFINITIONS

"Project" means either a Creative Project, or an Economic Project. "Contributor" means either a Creative Contributor involved in a Creative Project, or an Economic Contributor involved in an Economic Project. "Participation" means the democratic management of a Project by its Contributors, according to the modalities specified hereunder.

6.2. MODALITIES

Participation is unrestricted and gratis, and its material organisation is assigned to the Contributors. Each Project is autonomous, including in respect to Projects concerning original or derived creations, and each Contributor is autonomous within a Project. Each Contributor has a voice in all decisions concerning the Project and concerning all its Contributors, including admission of new Contributors in the Project.

All issues concerning the Project are discussed in a permanent forum opened to each Contributor, and whose address must be communicated to all those. Motions supported by enough Contributors are then subjected to deliberation for their possible adoption by consensus or vote.

Contributors can possibly give to some of them mandates limited in role and time, dismissible at any time, in order to carry out or coordinate certain tasks of the Project. Each Contributor can apply for one of these mandates or participate in its election. Contributors can also give deliberative or consultative voices to entities concerned with consequences of the Project, but not implied in the Project itself.

Modalities of democratic Participation must be specified by rules complying with this license, subjected to approval of all Contributors, and revisable by those.

7. SCOPE AND TERM

This license applies in all countries subjected to intellectual property rights, and for the duration of rights attached to the Creation.

8. NO WARRANTY

Within the limits authorized by law, authors and distributors, except if written offer from them, do not provide any warranty for the Creation, and disclaim any and all liability as for possible damages resulting from its use.

IANG License - Copyleft © 2004 www.iang.info - Exact copy and distribution are permitted in any medium provided this notice is preserved.

IANG Logo - Copyleft © 2004 www.iang.info - Exact copy and distribution are permitted in any medium provided this notice is preserved and the copy is attached to a creation distributed under the IANG license.