Followup on Exhibit B licences

Timothy McIntyre tmcintyre at
Wed Mar 7 01:52:09 UTC 2007

These are interesting points.  Earlier in this thread, there was mention 
that licensees who use "MPL + attribution" -style licenses have 
overlooked the so-called 'ASP loophole.'  I work for Terracotta, and we 
distribute our software under the Terracotta Public License, which is 
MPL w/ attribution (i.e., redistributed software must contain 'Powered 
by Terracotta' text in any UI).  When we were deciding on our license, 
we wanted to address the ASP loophole, so we ended up revising the 
original language of the MPL.  Wherever software distribution is 
mentioned in the license, we added the phrase "or otherwise makes 
available," in order to cover passive types of distribution, such as 
with ASPs.  This modification to the MPL also appears in the CDDL.

Rick Moen wrote:
> Correcting my recent post:
>>> The only open source licences that would prevent ASP pilfering is GPL
>>> v3 (not released yet), Affero Public License (not OSI certified) and
>>> Honest Public License (not OSI certified).
>> In addition, Apple's licence also has an ASP clause, and _is_ OSI-certified.
> My apologies for forgetting that Lawrence Rosen's excellent "Open
> Software License (OSL) v. 1.1 _also_ has language addressing ASP scenarios, 
> and likewise is already OSI-certified
> (
> It grants rights for performance and display (clause 1) of the upstream
> work.  Clause 5 requires licensee to stipulate that any "external use"
> (use or distribution so that the work is accessible to others) by
> licensee qualifies as "distribution" of the software for purposes of the
> licence, tying clause 1c's copyleft obligation to such usage.


Timothy McIntyre // Corporate Counsel
Terracotta // Open Source Clustering for Java

tel: 415.738.4014
fax: 415.738.4099

This email incorporates Terracotta's confidentiality policy, which is online at

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