For Approval: Microsoft Permissive License

Ross Mayfield ross.mayfield at socialtext.com
Sat Aug 11 00:58:05 UTC 2007


Hi Jon --

Great that Microsoft has taken the step to submit licenses to OSI.  One
question.  Vanity licenses are a known and understood problem.  Would you
consider submitting these licenses with more generic names?

When we did this with CPAL it met a favorable response from the community.

Ross

On 8/10/07, Jon Rosenberg (PBM) <jonr at microsoft.com> wrote:
>
>  Microsoft is pleased to submit the Microsoft Permissive 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 permissive terms combined with
> intellectual property protection.
>
> 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-PL has similarities to terms in both the New BSD license and Apache 2.0license.  However, the new BSD license does not contain an explicit patent
> grant and only implicitly refers to trademark issues.  In addition, we
> sought to create a license that is simple, short, and easy-to-understand.
>
>
>
> Section II: Compatibilities and incompatibilities with other OSI
> licenses:  Source code distribution breaks down into two areas: Relicensing
> of MS-PL code and redistribution of MS-PL code with other code that is
> licensed under a different license.
>
> ·         Can MS-PL 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 MS-PL license explicitly prohibits
> relicensing of the original licensed code under a different license,
> regardless of whether the original code is redistributed in whole, in part
> or as part of a different piece of software.
>
> ·         Can MS-PL code be redistributed in combination with other code
> that is licensed under a different license?
>
> As long as the original MS-PL licensed code is redistributed under the
> MS-PL license, then the MS-PL  places no restrictions on combining MS-PL
> code with other code that is licensed under another 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-PL.
>
> Section III: The License: A copy of the license is included below and also
> provided as a .txt file attachment.
>
>
>
> Microsoft Permissive License (Ms-PL)
>
>
>
> 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) No Trademark License- This license does not grant you rights to use
> any contributors' name, logo, or
>
> trademarks.
>
> (B) 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.
>
> (C) If you distribute any portion of the software, you must retain all
> copyright, patent, trademark, and
>
> attribution notices that are present in the software.
>
> (D) 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.
>
> (E) 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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