The Atmosphere Licenses are open source, copyleft software licenses with fossil fuel divestment provisions. They comply with the Open Source Definition and the Ethical Source Definition, and they're designed to impose quantifiable, enforceable obligations. Anyone, and any organization, can qualify to use and to convey programs under the Atmosphere Licenses, and there are no limits on the content or functionality of the licensed programs.
Software developers cannot ignore the impact of networked computation on the global climate crisis. The energy demands of the global economy exceed the current production of renewable energy. While software development has the potential to make economic activity far more efficient, fossil fuel's high subsidies and disastrous social costs mean that improvements to software often give their users the ability to optimize for financial profit at the expense of the environment, by increasing their fossil fuel extraction and polluting activities. This rebound effect has been worsened by the rise of cryptocurrency, which has made it possible to monetize computation roughly in proportion to the amount of energy consumed. Computation, energy, economics, and ecology are now locked in a harmful cycle. The purpose of the Atmosphere License is to let developers push back against this cycle, supporting environmental sustainabiliy by creating code that increases the relative economic value of renewable energy.
Developers often release their software under open licenses out of a charitable impulse to help users accomplish their tasks more easily. The Atmosphere License acknowledges that if a contribution to open source helps its users to worsen the climate crisis and endanger the ecosystem that everyone depends on to survive, then the contribution is not effective altruism. The pursuit of open source software users' freedom must respect the physical safety of all stakeholders, including the users and the developers themselves.
[[OPTIONAL: Furthermore, some opponents of environmental sustainability justify the rapid destruction of natural resources and human habitat as an opportunity to use the victims' status as displaced people or refugees as a pretense to drastically reduce the victims' human rights and freedom of movement. By trying to shift the burden of ecological collapse onto others, they seek to avoid the real challenge of stabilizing the climate. Because of this important link between the climate crisis and the issue of civilian internment, this version of the Atmosphere License also requires divestment from entities that target minority groups or refugees for imprisonment or genocide.]]
[[OPTIONAL: This version of the Atmosphere License also requires divestment from enterprises that operate for-profit prisons.]]
The precise terms and conditions for copying, distribution and modification follow.
This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this Atmosphere License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that each time you do so you also meet all of these conditions:
Notwithstanding any other provision of this License, when you modify the Program, you may allow users to interact with your modified version remotely through a computer network only if you have divested from all Disqualifying Assets as listed in Section 3, and your modified version of the Program must prominently offer all users interacting with it remotely through a computer network (if your version supports such interaction) an opportunity to receive the Corresponding Source of your version by providing access to the Corresponding Source from a network server at no charge, through some standard or customary means of facilitating copying of software.
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
"Divestment" of an asset means relinquishing all ownership interest in the asset, all profit rights in the asset, or right to control the asset, through sale or other disposal of the asset, or placing the asset under a conservation easement or other effective legal restriction, valid for at least three years, barring use of the asset for the activities that caused it to qualify as a "Disqualifying Asset".
"Disqualifying Assets" subject to Divestment under the terms of this License include "Disqualifying Investments" and "Disqualifying Facilities".
A "Disqualifying Investment" is any investment exceeding $10,000 in value in a company, agency, or entity that operates any Disqualifying Facility or has a majority ownership interest or majority profit rights in any Disqualifying Facility. A Disqualifying Investment may take the form of direct ownership, shares, commingled mutual funds containing shares, or corporate bonds.
"Disqualifying Facilities" include any of the following:
[[OPTIONAL: "Disqualifying Facilities" also include any electric plant that generates more than 10 megawatts of electricity from coal, oil, or natural gas.]]
[[OPTIONAL: If you directly own any facilities or equipment for generating solar or wind power, then you may remove some of your fossil fuel assets from the definition of "Disqualifying Assets". The monetary value of the fossil fuel assets you remove from the definition of "Disqualifying Assets" may not exceed the monetary value of your facilities and equipment for generating solar or wind power.]]
[[OPTIONAL: "Disqualifying Facilities" also include any of the following:]]
[[OPTIONAL: "Disqualifying Facilities" also include any of the following:]]
[[OPTIONAL: "Disqualifying Facilities" also include any prison or jail that is owned or operated for a profit.]]
You may copy and distribute the Program (or a work based on it, under Sections 2 and 3) in object code or executable form under the terms of the Sections above provided that you also do one of the following:
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation.
Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice.
You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions.
If the original license omitted any of the optional provisions regarding Deforestation, Civilian Internment, or For-Profit Prisons, you may add one or more of those provisions to the license as additional terms when conveying modified versions of the Program.
You may also subject parts of the Program to restrictions derived from the Apache License Version 2.0, regarding matters such as patent termination and indemnification, if those parts of the Program were previously licensed under the Apache License. This is necessary to stay in compliance with the Apache License when relicensing under the Atmosphere License. To do this, add the phrase "subject to restrictions in Apache License Version 2.0" to the boilerplate Atmosphere License notices for your Program, or for the files or other parts of the Program that were covered by the Apache License.
You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free and ethical software distribution system, which is implemented by public license practices. An author/donor distributes software through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
If you wish to incorporate parts of the Program into other programs whose distribution conditions are different, or if you wish to distribute modified versions of the Program or offer users Remote Network Interaction with a modified version of the Program without divesting from Disqualifying Assets, write to the author(s) to ask for permission to do so under the terms of a different license.
Because the program is licensed free of charge, there is no warranty for the program, to the extent permitted by applicable law. Except when otherwise stated in writing the copyright holders and/or other parties provide the program "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the program is with you. Should the program prove defective, you assume the cost of all necessary servicing, repair or correction.
In no event unless required by applicable law or agreed to in writing will any copyright holder, or any other party who may modify and/or redistribute the program as permitted above, be liable to you for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use the program (including but not limited to loss of data or data being rendered inaccurate or losses sustained by you or third parties or a failure of the program to operate with any other programs), even if such holder or other party has been advised of the possibility of such damages.
Trademark rights are not licensed under this public license.
Attach the following boilerplate notice, with the fields enclosed by parentheses replaced with your own identifying information. If you want to include any optional provisions in your license, include the emojis corresponding to those provisions at the end of your license version number.
Copyright (YEAR) (COPYRIGHT HOLDER) Atmosphere Software License Version 0.3🌳🔌⛅🛂💸
If your program has an interactive mode, you should have it provide the name and version number of the Atmosphere License when it starts up, and provide a link to where the full license can be found.
In the repository for your program, include a full copy of the license, including these instructions. If you're including any optional provisions, make sure they appear at the end of Section 3 ("Divestment"). If you're working from a static document version of the license, remove the brackets from around the provisions you want to use and removed the word "OPTIONAL" before them, both in the version number and in the license text. Be sure to delete any optional provisions you don't want to use. If you make a mistake that causes the license to be ambiguous, an optional provision is considered to be included in your license if and only if its text appears in the license without the word "OPTIONAL".
For more information or to find new versions of this license, check open-austin.org/atmosphere-license.