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The freeB.E.A.G.L.E.S.'s Ethical Open Documentation License (fBEODL)

© freeB.E.A.G.L.E.S., October 2001
Copying and distribution of this license of permitted provided that:
a) The license is copied in its entirety; and
b) That no modifications are made to the text of the license.

• 1. Scope:

  This license applies to any of the work that have been written by members of freeB.E.A.G.L.E.S, or by any other groups or individuals who accepts the principles contained in the Open Documentation License produced by the electrohippie collective, and who wish to use the license to govern the distribution of their works. The terms of this license apply to any transmission, supply, distribution, copying, reproduction or modification of any artistic, written, broadcast, digitised or audio/audio-visual recorded material made available for distribution by the owner of the rights to/the originator of the work.





• 2. Licensed activities:

  The originators of any work made available under this license, produced by a of member of freeB.E.A.G.L.E.S. or any other groups or persons subscribing to this license for the purposes of distributing their own works, retain all rights - both moral and economic - to the works they have authored or originated. However, for the purposes of encouraging or assisting the sharing of information freely for the benefit of civil society, via electronic media, the Internet, or other means, persons may:
  
  
  1. take copies of documents or other media made available under this license, by freeB.E.A.G.L.E.S. or others subscribing to this license, whether provided on paper, some storage media or supplied via the Internet, and make multiple copies for distribution, either on paper, on some storage media, or via the Internet, provided those copies are circulated free of charge; and
  
  
  
  2. extract or quote or reproduce unlimited amounts of any work made available under this license, by freeB.E.A.G.L.E.S. or any other groups or persons subscribing to this license, for the purposes of distributing their own works, for non-profit purposes, or personal educational activities, provided that -
     1. all extracts are clearly identified as being produced by, and being the property of, the group/person who originated the work, and giving the relevant title and date of the work, and
     2. provide a contact postal address, telephone number, email address or Internet address for the originator(s) of the work (where this has been provided as part of the original work), and
     3. reference is made to the electrohippie collective's web site address - http://www.fraw.org.uk/ehippies/ - to enable others to undertake follow-up enquiries regarding the current status/version of the Open Documentation License; and
  
  
  
  3. extract or quote sections or parts of any work made available under this license, produced by members of the collective or any other groups or persons subscribing to this license for the purposes of distributing their own works, as part of profit-making purposes, excluding commercial publishing or broadcasting, but including non-publishing/broadcasting commercial uses, non-personal educational work or academic research, provided that the extraction of any one document does not exceed 5% of the total work, or the maximum permitted under the 'fair dealing' principles of national copyright law (if greater), and providing that this material is not forwarded/reproduced in its own right (i.e., without commentary or interpretation provided by the forwarding party) to another party in return for any type of payment (use of material within commercial publishing or broadcasting is always limited to that permitted under the 'fair dealing' provisions of national copyright law); and
  
  
  
  4. translate any work made available under this license, produced by members offreeB.E.A.G.L.E.S or any other groups or persons subscribing to this license for the purposes of distributing their own works, into a different language, provided that the terms on the copying/distribution and the 'for profit'/'non-profit' uses outlined above are not violated, and providing that this license is also translated into the same language for circulation if a copy of this license in that language does not already exist.





• 3. Translation, dubbing or subtitling:

  Where the translation of any work - including the subtitling/dubbing of any audio-visual production, or the dubbing of any audio production - takes place, no charge may be made for the translated version, and no charge may be made for the subsequent distribution of the translated version of the document. All translations of works under this license are, by subsidiary rights, required to apply the terms of the latest version of freeB.E.A.G.L.E.S.'s ethical open documentation license to their distribution, and should the current version of this license be amended those translating works should ensure that the latest version of the license is translated and circulated as soon as possible after the publication of that new version.





• 4. Ethical standards:

  The use of any work made available under this license, originated by freeB.E.A.G.L.E.S. or any other groups or persons subscribing to this license for the purposes of distributing their own works, by any person receiving a copy of that work shall not, through the independent production of the software or scripting tools, mechanical or electrical devices, or other intellectual, social, tactical or engineering constructions described within the work, violate any of the ethical standards described outlined below:
  
  
  1. Preservation of the minimum standards within the ethical license -
     freeB.E.A.G.L.E.S. have specified minimum ethical standards within this clause, and these standards are expected to be applied by, and actively policed by, any persons receiving or distributing copies of the works made available under this license;
  
  
  
  2. Non-corruption of the author's intention in creating the work -
     The work must only be used within the guidelines or specifications provided in its identified accompanying information/technical manual, and no modification, adaptation, use or display of the work should infringe the standards or safeguards provided or described within accompanying documentation;
  
  
  
  3. Openness, accountability and traceability -
     The work must be used in a manner that enables all those persons who originate a work made available under this license, or a modified version of a work originally made available under this license, to be traced by the state, or by a private person, for the purposes of investigation or legal action, through the use of a contact address that is traceable by any national law enforcement agency, or through the use of a court order to cause disclosure of the originating individuals' address or current location (e.g. the attachment of a written note, mark or embedded information that easily identifies the reproducer/distributor of the work);
  
  
  
  4. The protection of human, civil and political rights -
     This license cannot be used to regulate the production or distribution of any work that advocates the general restriction of a person's human, civil and political rights, as enacted through the United Nations Universal Declaration of Human Rights, the UN Convention on Civil and Political Rights, and the European Convention on Human Rights;
  
  
  
  5. Proportionality in advocating action where this may infringe a persons' civil or legal rights -
     Where any cause or action advocated within any work released under this license may cause temporary infringements of a persons civil, legal or political rights, for example as a result of legal or protest action, that infringement must be justified on the basis of the prior actions of that person. The action must also be proportionate to the perceived offence, both in its scope and its duration. This justification must be clearly demonstrated, through the use of evidence, that the actions of the target person -
     1. are implicated in the breach of the human rights to life, freedom from torture, freedom from slavery or forced economic exploitation, freedom from discrimination based upon race, religion or sexual preference, freedom of expression, assembly and political or labour representation (note: any citing of a human rights justification must include reference to the relevant article of the global or regional human rights convention concerned), or
     2. can be directly related to actions specifically intended to restrict or eliminate the public debate of issues of national or international importance that impact the freedom of the individual to express preferences in relation to economic or trade controls, trade, labour and or environmental standards, or the operation or maintenance of processes that have been shown by recent scientific studies to damage the natural environment and human or ecological health;
  
  
  6. In any dispute regarding the ethical standards involving material distributed under freeB.E.A.G.L.E.S. open documentation license, freeB.E.A.G.L.E.S. will be the final arbiter of whether the ethical standards have been breached, and in such cases all rights to the use of this open license will be revoked. In particular, all privileges conferred through this license are revoked where the use of any work protected under this license, directly or via third parties, is knowingly accepted by the originator for the direct or indirect support of -
     • the abuse of the human rights identified in international and regional conventions; or
     • interfering with the rights of individuals to organise to express their preferences on their own racial identity, sexual orientation, religion or political allegiance where the activities of these groups are not prejudicial to the personal rights of others; or
     • the lobbying or action to restrict or remove trade or environmental standards, or the operational or maintenance standards for processes that have been shown by environmental regulators to damage the natural environment and human or ecological health.
     Given the above responsibility of the work's originator to police the ethical standards of this license, as expressed through under this clause of the license, irrespective of the privileges described within this license, the originator's of a work made available under this license may summarily revoke the some or all permissions granted for the use of their works where, in the opinion of the works originator, the person or organisation's use of the material breaches the moral or ethical standards stated in the license.





• 5. Warranty and liability:

  This license is intended to provide an additional standard of flexibility over and above the terms of national intellectual property/copyright legislation to enable the distribution of works whilst reserving the economic and moral rights of the author. As nothing has been agreed between the originator of the work, and those parties obtaining copies of the protected work, it does not apply to persons unless they chose to accept it. However, unless those accepting or obtaining works accept this license in full then none of the permitted uses of the work that this license permits will be available to them. It is assumed therefore, in accordance with this clause, that any use, supply or modification of information produced by any person of any work protected under this license, in excess of the 'fair dealing' provisions of relevant national copyright legislation, creates and implicit acceptance of the terms of this license. If the work is received before the person receiving that work becomes aware of the terms of the existence of this license (for example via the Internet), they may upon learning of this license simply delete or destroy the work without incurring liability. However, if before accepting the terms of this license a person wishes to negotiate exemption or clarification of certain clauses then they are free to contact the originator of the work identified under this license (originator's must not take an effectively 'shrink-wrap' license as being ultimately binding for all persons where a person can provide a valid reason for why certain parts of the license should not apply to them). As the terms of this license require that all works be transferred free of charge, and hence accepted as seen, no warranty is provided, or liability accepted, for works provided in accordance with this license.





• 6. License modification and compliance:

  
  freeB.E.A.G.L.E.S. reserve the right to vary or revoke this license at any time, without notice, and in such situations the latest version of the license shall be deemed to apply to all works made available under previous versions of the license. Where a license modification introduces new clauses which users of a work object to they may cease use of that work within seven days of discovering the license modification without penalty. If use continues after seven days of that person learning of the modification then it will be considered, by implication, that the new license terms are accepted.