For Approval: Microsoft Permissive License
Mahesh T. Pai
paivakil at yahoo.co.in
Sun Dec 11 07:31:30 UTC 2005
I think this license is not OSI compliant because ...
John Cowan said on Fri, Dec 09, 2005 at 04:07:05PM -0500,:
> Microsoft Permissive License (Ms-PL)
> Published: October 18, 2005
> This license governs use of the accompanying software. If you use the
> software, you accept this license. If you do not accept the license,
> do not use the software.
> 1. Definitions
> The terms "reproduce", "reproduction", and "distribution" have the same
> meaning here as under U.S. copyright law.
Violates #5 by applying US law to persons and/or situations not
concerned with the US legal system. Suppose somebody based in England
applies this license to his software and distributes it to a person in
Germany using a server based somewhere in Russia, it is highly
unlikely that the English courts will accept the US definition of
these terms. (Not that there is likely to be any significant
difference in the definitions, but still...)
> "You" means the licensee of the software.
> "Licensed patents" means any Microsoft patent claims which read directly
> on the software as distributed by Microsoft under this license.
> 2. Grant of Rights
> (A) Copyright Grant- Subject to the terms of this license, including the
> license conditions and limitations in section 3, Microsoft grants you a
> non-exclusive, worldwide, royalty-free copyright license to reproduce
If X takes software from Microsoft and distributes modified copies,
this `grant' does not cover X's modifications. X will have to use a
Therefore, there is a need for ``execution of an additional license by
those parties.'' I do not think that #7 was intended for this type of
situation. But this license is so Microsoft centric that any other
person / entity simply cannot make a distribution under this license,
unless another license is attached to modifications made by the
IMO, there is no violation of #3, but going by text of this license,
grants under this license do not apply to modifications made by a
> the software, prepare derivative works of the software and distribute
> the software or any derivative works that you create.
> (B) Patent Grant- Subject to the terms of this license, including the
> license conditions and limitations in section 3, Microsoft grants you
> a non-exclusive, worldwide, royalty-free patent license under licensed
> patents to make, have made, use, practice, sell, and offer for sale,
> and/or otherwise dispose of the software or derivative works of the
Same as in 2(A).
> 3. Conditions and Limitations
> (A) No Trademark License- This license does not grant you any rights to
> use Microsoft's name, logo, or trademarks.
> (B) If you begin patent litigation against Microsoft over patents that you
> think may apply to the software (including a cross-claim or counterclaim
> in a lawsuit), your license to the software ends automatically.
> (C) If you distribute copies of the software or derivative works, you
> must retain all copyright, patent, trademark, and attribution notices
> that are present in the software.
> (D) If you distribute the software or derivative works in source code form
> you may do so only under this license (i.e., you must include a complete
> copy of this license with your distribution), and if you distribute the
> software or derivative works in compiled or object code form you may
> only do so under a license that complies with this license.
> (E) The software is licensed "as-is". You bear the risk of using
> it. Microsoft gives no express warranties, guarantees or conditions. You
> may have additional consumer rights under your local laws which this
> license cannot change. To the extent permitted under your local laws,
> Microsoft excludes the implied warranties of merchantability, fitness
> for a particular purpose and non-infringement.
Once again #7, non-Microsoft Distributor will have to include a
different license to exclude his liability.
Mahesh T. Pai
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