For Approval: MindTree Public License

[Mahesh T. Pai]

Shahnawaz Khan said on Mon, Feb 13, 2006 at 11:54:17AM +0530,:

 > MindTree Consulting  Private Limited  ("MindTree") is the  owner of
 > the  Original Licensed  Software and  proposes to  permit  the use,
 > copy,

I am not sure how we missed this part in the earlier version.

IMHO, this is very vendor specific; I simply cannot apply this license
to my own code, which has no connection at all with MindTree code. 
 
 > Code of  the Modifications and  the Original Licensed  Software are
 > published under the terms of this MTPL or any future versions and

The GNU GPL and some other OSI approved licenses contain clauses which
make application  of future versions  of the license  *optional*. This
clause  makes the  application  of  the future  versions  of the  MTPL
automatic.

I  do  not think  any  court  of law  will  not  enforce ``any  future
versions''   of    the   license   automatically    to   pre-existing,
pre-distributed code. 

 
 > the  Modifications and Original  Licensed Software  are Distributed
 > under the  terms and  notices of this  MTPL or any  future versions
 > (including

ditto.  
 
 > 6. You  represent  to  MindTree  and  any  other  users  that  Your
 > Modifications are Your original work  and that they do not infringe
 > the intellectual property rights of any other person

This is  something implied by law.  If I claim that  other's works are
mine,  I   am  still  liable  to   every  person  who   relied  on  my
representation. Merely adds to verbosity. 


 >  other than a
 > patent identified and  declared by You as part of  Your file in the
 > Source Code.

So, I can implement  (others') patents without their permission, leave
MindTree to bear the brunt? At  least, that is the impression I get on
reading this.


 > 14. This MTPL shall be governed by and construed and interpreted in
 > accordance with  the laws  of India, without  giving effect  to any
 > conflict of  law principles. You hereby irrevocably  consent to the
 > exclusive jurisdiction of the Courts of the Bangalore in connection
 > with any  action or proceeding arising  out of or  relating to this
 > MTPL.

Ah. The dreaded jurisdiction clause. If I distribute modified versions
of  the `original  licensed  software', to  a  guy in  Cochin, and  he
decided to  sue *me* for product  liability, The suit will  not lie in
Cochin? THis provision will be *ignored* by Indian courts. 

 > "Distribute"  shall  mean   to  post,  publish,  upload,  initiate,
 > transfer or otherwise make available the Original Licensed Software
 > and  any Modifications  to another  person, and  shall specifically
 > cover the act  of placing a copy of  the Original Licensed Software
 > anywhere that  another party might  reasonably be expected  to gain
 > access.   Distribution  may  be  possible in  any  medium  (whether
 > tangible  or  intangible, fixed  or  unfixed),  including, but  not
 > limited to, document-based medium, computer-based network, network,
 > magnetic  means, electronic  means, and  any other  method  for the
 > publication,  retention,  conveyance,   possession  or  holding  of
 > content.

Ah. So ASP's are covered? 

If a search engine includes this s/w  , it does amount to ``the act of
placing a copy of the Original Licensed Software anywhere that another
party might reasonably be expected to gain access''; so

-- 
Mahesh T. Pai   ||  http://paivakil.blogspot.com
It's not the software that's free; it's you.