Implementing an Open Source License
Mahesh T. Pai
paivakil at yahoo.co.in
Sun Oct 19 05:39:40 UTC 2003
Randy Pearson said on Sat, Oct 18, 2003 at 01:55:05PM -0400,:
> a) simply state that the product is covered under the MPL license and
> provide a hyperlink to mozilla.org;
> b) provide a verbatim copy the full MPL 1.1 license text; or
You need to do both. But, no need to provide links to mozilla.org;
just include the full text of the license. The exhibit itself contains
a reference to mozilla.org; leave it alone.
> 3. In the distribution package, in addition to the source code,
> should we provide an actual license file with the full text, or is
> the reference from the Exhibit A text sufficient.
Full text of the license is absolutely required. The full text of the
license _should_ be distributed along with the sources _and_
binaries. If this is a GUI based application, it will be a good idea
if there is a button which will display the entire license text. A
scheme something like "help> about > license" will do.
Mozilla, the application itself does not do it; it simply installs the
license text someplace in your hard drive.
> 4. Most importantly, what act or acts comprise the legal creation
> of the open source license? For example, if we do nothing more than
> put up a web page stating the product is hereby licensed under the
> MPL, and make source files (with Exhibit A) available for download,
> have we done all that is required?
Hmm. Almost everything. If the license text is distributed along with
the applciation, then you have done absolutely everything.
> 5. Related: Does it matter "who" does this? Say some developer
> without management approval posted some code as OS, and then the
> company, upon discovery, withdrew the license. What would the legal
> status be?
Really, that is an issue of corporate management and not for this
list. The burden is upon the company to show that the developer did
not have management approval. It will be difficult for the company to
proceed against innocent third parties who had no knowledge about the
internal structure and line of authority of the company.
> 6. Is there a way to officially register your product as being
> licensed as OS (such as with an external agency or clearinghouse)?
That depends on domestic law. Which country are you in?
Generally speaking, all countries have provisions for registering
copyrights. Non registeration is typically inconsequential, unless you
are in the US, where you might be percluded from claiming damages in
an action for infringement.
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