# Open Definition
Version [-1.1-] {+1.2dev+}

## Terminology

The term **knowledge** is taken to include:

  1. Content such as music, films, [-books-] {+images, texts+}
  2. Data be it scientific, historical, [-geographic-] {+geographic, administrative+} or
     otherwise
  [-3. Government and other administrative information-]

Software is excluded despite its obvious centrality because it is
already adequately addressed by previous [-work.-] {+work, including the [Open Source+}
{+Definition](http://www.opensource.org/docs/osd), from which this document+}
{+is derived.+}

The term **work** will be used to denote the item or piece of knowledge
which is being transferred.

The term **package** [-may also-] {+will+} be used to denote a collection of works. [-Of-]
[-course such a-] {+A+}
package may be considered a work in itself.

The term **license** refers to the legal [-license-] {+terms+} under which the work is
made available. Where no license has been made this should be interpreted
as referring to the resulting default legal conditions under which the
work is available (for example copyright).

## The Definition

A [-work-] {+**work**+} is open if its manner of distribution satisfies the following
[-conditions:-]
{+conditions, which simultaneously delimit the characteristics of a suitable+}
{+open **license**:+}

### 1. Access

The [-work-] {+**work**+} shall be available as a whole and at no more than a
reasonable reproduction cost, preferably [-downloading-] {+downloadable+} via the Internet
without charge. The [-work-] {+**work**+} must also be available in a convenient and
modifiable form. {+The **license** may require the work to be available+}
{+in a convenient and modifiable form. The **work** must be clearly presented+}
{+as available under the **license**.+}

*Comment: This can be summarized as 'social' openness - not only are you
allowed to [-get-] {+use, modify, and share+} the work but you can get it. 'As a whole'
prevents the limitation of access by indirect means, for example by only
allowing access to a few items of a database at a [-time.*-] {+time. An example of+}
{+'reasonable reproduction cost' is the cost of blank media or bandwidth+}
{+required to distribute a complete database. 'Clearly presented as+}
{+available' means that both the license and the means of access are clear+}
{+and unambiguous on which works the rights attach to.*+}

### 2. Redistribution

The [-license-] {+**license**+} shall not restrict any party from selling or giving away
the work either on its own or as part of a package made from works from
many different sources. The [-license-] {+**license**+} shall not require a royalty or
other fee for such sale or distribution.

### 3. Reuse

The [-license-] {+**license**+} must allow for modifications and derivative works and
must allow them to be distributed under the terms of the original work.

*Comment: Note that this clause does not prevent the use of [-'viral'-] {+'copyleft'+}
or share-alike licenses that require [-redistribution-] {+any distribution+} of modifications
{+to be+} under the same terms as the original.*

### 4. Absence of Technological Restriction

The [-work-] {+**work**+} must be provided in such a form that there are no
technological obstacles to the performance of the above activities. This
can be achieved by the provision of the work in an open [-data-] format, i.e. one
whose specification is publicly and freely available and which places
no restrictions monetary or otherwise upon its use. {+The **license**+}
{+may prohibit technological restrictions.+}

### 5. Attribution

The [-license-] {+**license**+} may require {+providing attribution to the creators of the+}
{+work+} as a condition for redistribution and [-re-use-]
[-the attribution of the contributors and creators to the work.-] {+re-use.+} If this condition is
imposed it must not be onerous. For example if attribution is required
a list of those requiring attribution should accompany the [-work.-] {+**work**.+}

### 6. Integrity

The [-license-] {+**license**+} may require as a condition for the work being distributed
in modified form that the resulting work carry a different name or version
number from the original work.

### 7. No Discrimination Against Persons or Groups

The [-license-] {+**license**+} must not discriminate against any person or group of
persons.

*Comment: In order to get the maximum benefit from the process, the
maximum diversity of persons and groups should be equally eligible to
contribute to open knowledge. Therefore we forbid any [-open-knowledge-] {+open+} license from
locking anybody out of the process.*

[-*Comment: this is taken directly from item 5 of the OSD.*-]

### 8. No Discrimination Against Fields of Endeavor

The [-license-] {+**license**+} must not restrict anyone from making use of the work in
a specific field of endeavor. For example, it may not restrict the work
from being used in a business, or from being used for genetic research.

*Comment: The major intention of this clause is to prohibit license
traps that prevent open material from being used commercially. We want
commercial users to join our community, not feel excluded from it.*

[-*Comment: this is taken directly from item 6 of the OSD.*-]

### 9. Distribution of License

The rights attached to the [-work-] {+**work**+} must apply to all to whom it is
redistributed without the need for execution of an additional license
by those parties.

*Comment: This clause is intended to forbid closing up knowledge by
indirect means such as requiring a non-disclosure agreement.*

[-*Comment: this is taken directly from item 7 of the OSD.*-]

### 10. License Must Not Be Specific to a Package

The rights attached to the [-work-] {+**work**+} must not depend on the work being part
of a particular package. If the work is extracted from that package and
used or distributed within the terms of the work's license, all parties
to whom the work is redistributed should have the same rights as those
that are granted in conjunction with the original package.

[-*Comment: this is taken directly from item 8 of the OSD.*-]

### 11. License Must Not Restrict the Distribution of Other Works

The [-license-] {+**license**+} must not place restrictions on other works that are
distributed along with the licensed work. For example, the license must
not insist that all other works distributed on the same medium are open.

*Comment: Distributors of open knowledge have the right to make their
own choices. Note that 'share-alike' licenses are conformant since those
provisions only apply if the whole forms a single work.*

[-*Comment:-]

{+### 12. License Must Not Impose Additional Restrictions+}
{++}
{+The **license** must not place any additional restrictions or conditions+}
{+on the access, use, reuse or redistribution of the data other than those+}
{+explicitly described under+} this {+definition.+}
{++}
{+*Comment: This clause+} is [-taken directly from item 9-] {+intended to clarify that presence+} of [-the OSD.*-] {+restrictions+}
{+not specifically permitted above make a license non-open. Such+}
{+restrictions are usually one or more of onerous, vague, unnecessary+}
{+(for example, requiring following an unrelated law), and always harmful+}
{+to compatibility among open licenses.*+}