What does "new" mean in Section 1.9 (b) of the MPL v 1.1.?

Maria Magliano maria at aet-law.com
Fri Apr 2 19:47:41 UTC 2010

Hi Everyone!


I'm trying to understand what the term "new" means in the MPL definition of
a "Modification" in Section 1.9. (b) (I reproduce the entire definition
below for reference).  Does "new" mean a file that, apart from the
MPL-covered code, did not exist previously (i.e. anywhere in the universe?)
or, does it also mean a file that may already exist but was not previously
combined with MPL-covered code (so that "new" refers to the novel
combination of the two)?  I'm trying to make sure that pre-existing
proprietary code is not considered as being "new" under that subsection by
being combined with MPL-covered code for the first time.  





1.9. "Modifications" 

means any addition to or deletion from the substance or structure of either
the Original Code or any previous Modifications. When Covered Code is
released as a series of files, a Modification is: 

a.      Any addition to or deletion from the contents of a file containing
Original Code or previous Modifications. 

b.      Any new file that contains any part of the Original Code or previous



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