Followup on Exhibit B licences

[Matthew Flaschen]

Timothy McIntyre wrote:

> 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.

The relevant clause is:

"ANY COVERED CODE THAT YOU DISTRIBUTE OR OTHERWISE MAKE AVAILABLE IS
GOVERNED BY THE TERMS OF THIS LICENSE, INCLUDING WITHOUT LIMITATION
SECTION 2.2. THE SOURCE CODE VERSION OF COVERED CODE MAY BE DISTRIBUTED
ONLY UNDER THE TERMS OF THIS LICENSE"

I think "otherwise make available" is just supposed to mean putting on a
 server for *download* or similar.  I've never heard of someone using
CDDL to require code distribution in an ASP situation.  However, the
CDDL clause is slightly different:

"Any Covered Software that You distribute or otherwise make available in
Executable form must also be made available in Source Code form and that
Source Code form must be distributed only under the terms of this License."

The extra "Executable form" may change things, but I don't think so.

Matt Flaschen

> 
> 
> 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
>> (http://www.opensource.org/licenses/osl.php).
>>
>> 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.
>>
>>   
> 
>