For Approval: Microsoft Community License

Fri Aug 10 18:25:25 UTC 2007

Jon, I have a question about the following provision:

(A) Reciprocal Grants- For any file you distribute that contains code from
the software (in source code or 

binary format), you must provide recipients the source code to that file
along with a copy of this license, 

which license will govern that file. You may license other files that are
entirely your own work and do not 

contain code from the software under any terms you choose.

When software under multiple licenses is combined into one .zip or .tar
file, must that entire file be under the MS-CL? File-based software licenses
are subject to confusion on that point. Not that this would affect its
compliance with OSD at all, it just possibly turns a reasonable reciprocity
requirement into a very dangerous one. Other licenses deal with this in
better ways, at least from the vantage point of distributors who do lots of
combining of software into single-file downloads or distributions.

Congratulations on submitting a license for approval. I am please to see
Microsoft join this loud party. Take it from an experienced license
submitter, you'll be bruised but the bruises heal. :-)

/Larry

Lawrence Rosen

Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)

3001 King Ranch Road, Ukiah, CA 95482

707-485-1242 * cell: 707-478-8932 * fax: 707-485-1243

Skype: LawrenceRosen

Author of "Open Source Licensing: Software Freedom and 

                Intellectual Property Law" (Prentice Hall 2004)

  _____  

From: Jon Rosenberg (PBM) [mailto:jonr at microsoft.com] 
Sent: Friday, August 10, 2007 9:17 AM
To: license-discuss at opensource.org
Cc: Jon Rosenberg (PBM)
Subject: For Approval: Microsoft Community License

Microsoft is pleased to submit the Microsoft Community License to the OSI
for consideration as an OSI approved license.  Microsoft believes that this
license provides unique value to the open source community by delivering
simplicity, brevity, and clearly delineated reciprocal terms.

The three sections below provide the information required for the discussion
portion of the approval process.  We look forward to working with the OSI on
this submission process and discussing this submission with the open source
community.  

Jon Rosenberg

Director, Source Program

Microsoft Corporation

----------------------------------

Section  I:  Which OSI licenses are similar and why won't one of those do
instead?

Although one can assess similarity of license terms in numerous ways, the
MS-CL has some similarities to the Mozilla Public License (V1.1).  However,
we sought to draft a license that is simple, short, and easy-to-understand.
In particular, the Mozilla Public License's definitions of original code,
covered code, and modifications can be difficult to apply in practice, given
the many ways in which software can be distributed and linked together.  The
MS-CL provides a clear objective test of whether or not a derivative work
constitutes a modification of the original code.  

Section II: Compatibilities and incompatibilities with other OSI licenses:
Source code distribution breaks down into two areas: Relicensing of MS-CL
code and redistribution of MS-CL code with other code that is licensed under
a different license.

*     Can MS-CL code be redistributed under a different license?

 No.  The license states that "If you distribute any portion of the software
in source code form, you may do so only under this license. "  This
restriction is similar to the restriction in the Mozilla Public License that
states "You may not offer or impose any terms on any Source Code version
that alters or restricts the applicable version of this License or the
recipients' rights hereunder."  The license explicitly prohibits relicensing
of the original licensed code under a different license, in whole, in part
or as part of a different piece of software.  

*     Can MS-CL code be redistributed in combination with other code that is
licensed under a different license?

As long as any files containing the original MS-CL licensed code are
redistributed under the MS-CL license, then the MS-CL  places no
restrictions on combining MS-CL code with other code that is licensed under
another license.  Any files containing any of the MS-CL licensed code must
be distributed only under the MS-CL license and not under any other license.
Licenses that prohibit the distribution of code under any terms other than
the terms of that license will not be compatible with the MS-CL.

Section III: The License:  A copy of the license is included below and also
provided as a .txt file attachment.

Microsoft Community License (Ms-CL)

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," "derivative works," and
"distribution" have the same meaning here 

as under U.S. copyright law.

A "contribution" is the original software, or any additions or changes to
the software.

A "contributor" is any person that distributes its contribution under this
license.

 "Licensed patents" are a contributor's patent claims that read directly on
its contribution.

2. Grant of Rights

(A) Copyright Grant- Subject to the terms of this license, including the
license conditions and limitations in 

section 3, each contributor grants you a non-exclusive, worldwide,
royalty-free copyright license to 

reproduce its contribution, prepare derivative works of its contribution,
and distribute its contribution 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, each contributor grants you a non-exclusive, worldwide,
royalty-free license under its licensed 

patents to make, have made, use, sell, offer for sale, import, and/or
otherwise dispose of its contribution in 

the software or derivative works of the contribution in the software.

3. Conditions and Limitations

(A) Reciprocal Grants- For any file you distribute that contains code from
the software (in source code or 

binary format), you must provide recipients the source code to that file
along with a copy of this license, 

which license will govern that file. You may license other files that are
entirely your own work and do not 

contain code from the software under any terms you choose.

(B) No Trademark License- This license does not grant you rights to use any
contributors' name, logo, or 

trademarks.

(C) If you bring a patent claim against any contributor over patents that
you claim are infringed by the 

software, your patent license from such contributor to the software ends
automatically.

(D) If you distribute any portion of the software, you must retain all
copyright, patent, trademark, and 

attribution notices that are present in the software.

(E) If you distribute any portion of the software in source code form, you
may do so only under this license 

by including a complete copy of this license with your distribution. If you
distribute any portion of the 

software in compiled or object code form, you may only do so under a license
that complies with this 

license.

(F) The software is licensed "as-is." You bear the risk of using it. The
contributors give 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,
the contributors exclude the 

implied warranties of merchantability, fitness for a particular purpose and
non-infringement.

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