OPEN SOURCE STREAMING LICENSE
1.Definitions
1.1 "Contributor" means each individual,
group, or organisation that creates or contributes to the creation of an open
streaming network.
1.2 "Node" in the network is an access point that actively engages in sharing
streaming resources (bandwidth, server space, expertise, hardware) within the
network.
1.3 "Member" of the network is any individual or organization, admitted to
the network by the "Ossa Working Group".
1.4 "Founding Members" are individuals and organizations who have initiated
and agreed upon to create a network.
1.5 "Ossa Working Group" are those members of the "network" that:
- appoint new "members"
- appoint new "members" to the Ossa
Working Group
- have a final decision in disputes
among "members"
1.6 "Resources" are (streaming) bandwidth,
hardware, expertise, financial resources.
1.7 "Peer to Peer network" is a decentralized symmetric network where each node
is a client and a server at the same time.
1.8 "Decentralized" means to distribute the administrative functions or powers
of (a central authority) among several local authorities.
1.9 "License" means this document.
1.10 "You" means an individual or a legal entity exercising rights under, and
complying with all of the terms of, this License or a future version of this License
issued under Section 9. For legal entities, "You" includes any entity which controls,
is controlled by, or is under common control with You. For purposes of this definition,
"control" means (a) the power, direct or indirect, to cause the direction or management
of such entity, whether by contract or otherwise, or (b) ownership of fifty percent
(50%) or more of the outstanding shares or beneficial ownership of such entity.
1.11"Streaming Media" is the term used to describe the real-time delivery of
moving images, moving text and sound, over the internet. While playing one portion
of content, the next one is simultaneously downloaded, allowing live transmission.
Content can also be saved and archived in streaming media formats.
1.12 "Media Player" is a piece of software that "plays" audio, video or animations
directly from the internet. Though usually in the form of a stand alone application,
some players come with web browser plug-ins that allow the functionality of the
player to be embedded in a standard browser.
1.13 "RTSP" is
an acronym that stands for Real Time Streaming Protocol. It is a standard which
has been recognised by the W3 consortium as the most likely method of enabling
interoperability within streaming. More information at http://www.rtsp.org
1.14 "Open Source" refers to any program
whose source code is made available for use or modification as users or other
developers see fit. Open source software is usually developed as a public collaboration
and made freely available.
1.15 "Open Codec" is an open codec
scheme, open source software; codec is an algorithm or specialized computer
program that reduces the number of bytes consumed by large files and programs.
In order to minimize the amount of storage space required for a complicated
file, such as a video, this algorithm is used to eliminate redundancies in data.
This is also called compression of data.
1.16 "Wireless technology" is a telecommunication
technology in which electromagnetic waves (rather than some form of wire) carry
the signal over part or all of the communication path.
1.17 "Self governing" is a structure
that is not an organisation and where no organisation is in charge. Decisions
are made by vote and voters are allowed in by other voters.
1.18 "Cable network" is a network
operated by a cable network operator where signals are not being transmitted
by wireless means. Cable networks are mainly used for television and radio signal,
but can also be used for data signals.
2. The open source streaming license
2.1 The open source streaming license
regulates the sharing of resources between members of the network.
2.2 Each member is responsible for
the delivery of content to the network through the node of its authority, and
no member shall be responsible for the content delivered to the network by any
other member. Nor shall a node be responsible for any legal or financial consequences
due to action or activity by any other node.
2.3 Each member shall contribute to the network resources within its possibilities;
for example relaying as many streams allowed by the bandwidth restrictions of
the node or contributing in any other way to the expansion, development and maintenance
of the network.
2.4 A node can shut down any services delivered to the network through it’s own
node at any time without prior notice or consequences.
3. Goals
3.1 To create an open platform for streaming considering development in all layers:
infra-structural, code and content layer. Consequently, the network should encourage
its members to contribute to the development on
- infra-structural layer (bandwidth and server space),
- developing and promoting streaming sources and documentation.
- content layer.
3.2 Promotion of network and content;
3.3 To promote and support the development and use of open source RTSP and peer
to peer compatible software platforms
4. Acceptance of new members to the network
4.1 In the initial stage of the network there is an obvious need for a body that
is to create initial structure to the network. After the network provides enough
of self-governance capabilities, the governing body will delegate its responsibilities
to the network members or a new governing body.
4.2 Acceptances of this licence is sufficient for becoming a member
5. Operation of the Network
5.1 Any member is free to rebroadcast or reject any stream from any other member
of the network. The network shall be used and designed in such a way that recourses
are facilitated in the most efficient way possible.
5.2 Use of the network, other than by the participating organizations, is intended
for not-for-profit organizations or individual projects. Each participant may
charge users a reasonable and customary sum for access to the network, subject
to applicable statutes and / or its own tax status and organizational mandate.
Incidental use by for-profit organizations shall be permitted.
5.3 Each member of the network should
actively work towards public promotion of the network and it’s basic principles
5.4 Public statements and
principles will be communicated exclusively through the OSSA website (www.streamingalliance.org)
6. Guarantee and disclaimer of guarantee
6.1 Guarantee and disclaimer of guarantee. To further the benefit of the
network to the members, each member strives, to the utmost extent permitted
by the financial and technical capabilities that the member has available,
to provide resources and content without interruption and without faults.
Except as described in the immediately preceding sentence resources and
content are provided by each member "AS IS", without any guarantee
whatsoever either express or implied, including but not limited to
guarantees of fitness for purpose or non-infringement.
7. Limitation of liability
7.1 Resources. To the utmost extent possible under the law that is
applicable to this license, each member, denies any liability for any
damages suffered by a third party (member or otherwise) that have arisen
because the resources that the member provides, or has jointly provided with
other members, have not been available or have not been functioning
properly, irrespective of the nature of such damages or the legal ground on
which any claim for damages is based.
7.2 Content. Each member accepts responsibility for the content that has
originated on that member's node. Responsibility for any other content is
explicitly denied to utmost extent possible under the law applicable to this
License. Responsibility for content as meant in the first sentence of this article
7.2 exists if the member, after having been notified by the claimant that the
content infringes his rights, together with reasonable arguments to substantiate
his claim, within seven working days after having been notified, has not:
(i)
provided to the claimant reasonable evidence of
adequate entitlement to the content or
(ii) removed or has stopped relaying
the content from his node and has confirmed such removal or relay stop to
the claimant.
7.3 Exemption. Any limitation of liability in this article 7 is not applicable
to damages that relate to death or personal injury, damages to
material goods, or to damages that have been the direct consequence of any
wilful misconduct or gross negligence of a member, to the extent where the
mandatory law that is applicable to this license this explicitly requires.
8. Applicable law and venue
8.1 Applicable law. The law that is applicable to this license is the law of
the country in which the member, against whom rights under this license are
being exercised, has his permanent place of residence or in which he has his
statutory seat. The application of such law excludes the application of its
private international law and the application of the UN Convention on contracts
for the international sale of goods.
8.2 Venue. Any legal action will be exclusively brought before the competent
court in the jurisdiction where the member has his permanent place of residence
or in which he has his statutory seat.
9. Changes of the Licence
The License can only be changed by
the agreement of the founding members. Every year the Ossa Working Group will
be restated declaring changes that might have occurred.