Mozilla Public License 2 Alpha 3; request for early review prior to formal submission for approval
lvilla at mozilla.com
Thu Oct 21 15:06:41 UTC 2010
Today we've announced the publication of the third Alpha draft of the
next version of the Mozilla Public License. We intend this to be the
last Alpha draft, with a Beta and final release to follow in the near
We intend to formally submit the Beta release for OSI Approval as a
"popular or widely used" license. At that time we will also ask OSI to
move MPL 1.1 into the "superseded" category.
The purpose of this email is to ask interested list members to
*informally* review Alpha 3 prior to our formal submission of Beta 1.
Your early feedback will give us additional time to address any issues
that might be raised by such a review.
Please let me know if you have any questions; feedback and commentary
can be on this list, through private email to me, or to our public list
(linked to below.)
Thanks in advance for your interest and feedback-
Luis, on behalf of the MPL team
Text of the License
An HTML version is attached, and plain text version follows.
The goal of the new license was to revise, tighten, and update the
language of MPL 1.1, keeping in mind changes in jurisprudence and
software development since 1.1 was issued in 1998.
This is a straightforward revision of MPL 1.1, retaining MPL's
distinctive "file-level" copyleft. As a result, it is positioned
similarly to MPL 1.1 in the permissive/copyleft spectrum. Beyond that,
it is improved over 1.1: among many other changes, it reflects modern
development practices, should be improved in non-US jurisdictions, and
is generally shorter and clearer to read.
Discussions of the changes made in each Alpha, including redlines, are
available from http://mpl.mozilla.org/participate/alpha These changes
were made in consultation with Mozilla's legal group and outside
counsel, but we do not expect to publish a formal legal analysis.
We believe the new license should be placed in "Licenses that are
popular and widely used or with strong communities." Ohloh lists 6,000+
projects that use MPL 1.1, and we expect many of them will upgrade once
the license is released. We also expect that some projects that used
derivatives of the MPL will switch to MPL 2 in future releases.
When MPL 2 is so approved, MPL 1.1 should be moved into the "superseded"
Earlier Public Discussions
There are no earlier public discussions on OSI lists (submission of
Alpha 2 to license-discuss created no discussion there) but other public
discussion is available from the governance-mpl-update mailing list:
Note on Potential Changes Before Formal Submission
While we may make changes to any part of the license before the formal
submission, depending on the feedback we receive, we expect that most of
the license is complete and will not be changed between now and the
formal submission. The venue and GPL-compatibility clauses, because they
have substantial impact and have undergone less public review, may be
more subject to change than others.
Mozilla Public License 2.0, Alpha Draft Three
means (a) the individual or entity that originally distributes
Original Software under this License and (b) each subsequent
individual or entity that creates or contributes to the creation of
1.2. "Contributor Version"
means the combination of (a) the Original Software, (b) previous
Modifications used by a Contributor (if any), and (c) the
Modifications made by that particular Contributor.
1.3. "Covered Software"
means (a) the Original Software or (b) Modifications, or (c) the
combination of files containing Original Software with files
containing Modifications, in each case including portions thereof.
means the Covered Software in any form other than Source Code.
1.5. "Larger Work"
means a work that combines Covered Software or portions thereof
with code not governed by the terms of this License.
means this document.
means having the right to grant, to the maximum extent possible,
whether at the time of the initial grant or subsequently acquired,
any and all of the rights conveyed herein.
means the Source Code and Executable form of any of the following:
A. Any file that results from an addition to, deletion from, or
modification of the contents of a file containing Original Software
or previous Modifications.
B. Any new file that contains any part of the Original Software or
1.9. "Original Software"
means the Source Code and Executable form that is originally
released under this License.
1.10. "Patent Claims" of a Contributor
means any patent claim(s), now owned or hereafter acquired,
including without limitation, method, process, and apparatus
claims, in any patent Licensable by such Contributor which would be
infringed, but for the grant of the License, by the making, using,
or selling of such Contributor's Original Software or such
Contributor's Modifications, either alone or in combination with
its Contributor Version (or portions of such combination).
1.11. "Source Code"
means the preferred form of the computer software code in which
modifications are made.
1.12. "You" (or "Your")
means an individual or a legal entity exercising rights under this
License. For legal entities, "You" includes any entity which
controls, is controlled by, or is under common control with You.
For purposes of this definition, "control" means (a) the power,
direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (b) ownership of more
than fifty percent (50%) of the outstanding shares or beneficial
ownership of such entity.
2. License Grants and Conditions.
2.1. Each Contributor hereby grants You a world-wide, royalty-free,
(a) under intellectual property rights (other than patent or
trademark) Licensable by such Contributor, including but not
limited to the rights to use, reproduce, make available, modify,
display, perform and distribute such Contributor's Original
Software (or portions thereof) and/or such Contributor's
Modifications (or portions thereof), either on an unmodified basis,
with other Modifications or as part of a Larger Work; and
(b) under Patent Claims of such Contributor to make, use, sell,
offer for sale, have made, import, and/or otherwise dispose of (1)
in the case of the initial Contributor, initial Contributor's
Original Software (or portions thereof); (2) such Contributor's
Modifications (or portions thereof); and (3) the combination of
such Contributor's Modifications with its Contributor Version (or
portions of such combination).
(c) Notwithstanding Section 2.1(b) above, no patent license is
granted by a Contributor: (1) for any code that You or a
Contributor has deleted from Covered Software; (2) for
infringements caused by: (i) Your and any other third party's
modifications of the Covered Software, or (ii) the combination of
such Contributor's Covered Software with other software (except as
part of its Contributor Version) or other devices; or (3) under
Patent Claims infringed by Covered Software in the absence of such
Contributor's Modifications or such Contributor's Original
(d) The licenses granted under 2.1(a) and 2.1(b) are not effective
until the date the Contributor first distributes Contributor's
Original Software or Contributor's Modifications to a third
2.2. Each Contributor represents that the Contributor believes its
Modifications are its original creation(s) or it has sufficient
rights to grant the rights to its Modifications conveyed by this
2.3. The licenses granted in this Section are the only rights
granted under this License. No additional rights or licenses will
be implied from the distribution or licensing of Covered Software
under this License. No Contributor makes additional grants as a
result of Your choice to distribute the Covered Software under a
subsequent version of this License (see Section 10.2) or under the
terms of a Secondary License (see Section 11). This License does
not grant any rights in the trademarks, service marks, or logos of
any Contributor (except as may be necessary to comply with the
notice requirements in Section 3.3). This Section is not intended
to limit any rights You have under applicable doctrines of
copyright fair use.
2.4. Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses
granted in Section 2.1.
3.1. Distribution of Source Form.
All distribution of Covered Software in Source Code form, including
any Modifications that You create or to which You contribute, must
be under the terms of this License. You must inform recipients that
the Covered Software is governed by the terms of this License, and
how they can obtain a copy of this License. You may not attempt to
alter or restrict the recipient's rights in the Source Code form.
3.2. Distribution of Executable Form.
If You distribute Covered Software in Executable form then:
(a) such Covered Software must also be made available in Source
Code form, as described in Section 3.1, and You must inform
recipients how they can obtain a copy of such Covered Software by
reasonable means, at no more than a nominal charge;
(b) You may distribute such Executable form under the terms of this
License, or sublicense it under different terms, provided that the
license for the Executable form does not attempt to limit or alter
the recipient's rights in the Source Code form under this License;
(c) You may create a Larger Work by combining Covered Software with
other code not governed by the terms of this License and distribute
the Larger Work. In such a case, You must make sure the
requirements of this License are fulfilled for the Covered
You may not remove or alter any copyright, patent, disclaimers of
warranty, limitations of liability, or other license notices
contained within the Source Code form of the Covered Software,
except to the extent required to remedy known factual
3.4. Application of Additional Terms.
You may choose to offer, and to charge a fee for, warranty,
support, indemnity or liability obligations to one or more
recipients of Covered Software. However, You may do so only on Your
own behalf, and not on behalf of any Contributor. You must make it
absolutely clear that any such warranty, support, indemnity, or
liability obligation is offered by You alone, and You hereby agree
to indemnify every Contributor for any liability incurred by such
Contributor as a result of warranty, support, indemnity or
liability terms You offer. You may include additional disclaimers
of warranty and limitations of liability specific to any
4. Inability to Comply Due to Statute or Regulation.
If it is impossible for You to comply with any of the terms of this
License with respect to some or all of the Covered Software due to
statute, judicial order, or regulation then You must: (a) comply
with the terms of this License to the maximum extent possible; and
(b) describe the limitations and the code they affect. Such
description must be placed in a text file included with all
distributions of the Covered Software under this license. Except to
the extent prohibited by statute or regulation, such description
must be sufficiently detailed for a recipient of ordinary skill to
be able to understand it.
5. Application of this License.
This License applies to code to which the initial Contributor has
attached the notice in Exhibit A and to related Covered Software.
6.1. The rights granted hereunder will terminate automatically if
You fail to comply with terms herein. However, if You come back
into compliance, then the rights granted hereunder from a
particular Contributor are reinstated (a) provisionally, unless and
until such Contributor explicitly and finally terminates Your
grants, and (b) on an ongoing basis, if such Contributor fails to
notify You of the non-compliance by some reasonable means prior to
60 days after You have come back into compliance. Moreover, Your
grants from a particular Contributor are reinstated on an ongoing
basis if such Contributor notifies You of the non-compliance by
some reasonable means, this is the first time You have received
notice of non-compliance of this License from such Contributor, and
You become compliant prior to 30 days after Your receipt of the
6.2. If You initiate litigation against any entity by asserting a
patent infringement claim (excluding declaratory judgment actions)
alleging that a Contributor Version directly or indirectly
infringes any patent, then any and all rights granted to You under
Section 2.1 of this License for any and all Contributor Versions
6.3. In the event of termination under Sections 6.1 or 6.2 above,
all end user license agreements (excluding distributors and
resellers) which have been validly granted by You or any
distributor hereunder prior to termination shall survive
7. Disclaimer of Warranty.
COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE
IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE
PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT ANY CONTRIBUTOR) ASSUME
THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER
EXCEPT UNDER THIS DISCLAIMER.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
(INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, ANY
CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY
SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S
NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
LIMITATION MAY NOT APPLY TO YOU.
This License represents the complete agreement concerning subject
matter hereof. If any provision of this License is held to be
unenforceable, such provision shall be reformed only to the extent
necessary to make it enforceable. Any litigation relating to this
License, where one or more parties to the litigation are
Contributors, may be brought only in the courts of a jurisdiction
wherein a Contributor who is party to the litigation resides or in
which a Contributor who is party to the litigation conducts its
primary business, and under the laws of that jurisdiction excluding
its conflict-of-law provisions. As an exception to the previous
requirement, if litigation is initiated by a Contributor, the
Contributor may choose to bring the litigation in the courts of the
other party's jurisdiction. The losing party will be responsible
for costs, including without limitation, court costs and reasonable
attorneys' fees and expenses. Any law or regulation which provides
that the language of a contract shall be construed against the
drafter shall not apply to this License.
10. Versions of the License.
10.1. New Versions.
Mozilla Foundation is the license steward. Except as provided in
Section 10.3, no one other than the license steward has the right
to modify or publish new versions of this License. Each version
will be given a distinguishing version number.
10.2. Effect of New Versions.
You may continue to distribute the Covered Software under the terms
of the version of the License under which You originally received
the Covered Software. You may also choose to distribute the Covered
Software under the terms of any subsequent version of the License
published by the license steward.
10.3. Modified Versions.
When You are an initial Contributor and You want to create a new
license for Your Original Software, You may create and use a
modified version of this License if You rename the license and
remove any references to the name of the license steward (except to
note that such modified license differs from this License).
11. Compatibility with Secondary Licenses.
11.1. "Secondary License" means either the GNU General Public
License, Version 2.0 or later, or the GNU Lesser General Public
License, Version 2.1 or later.
11.2. The initial Contributor may designate Covered Software as
"Compatible Software" by adding the notice described in Exhibit A
to that Covered Software.
11.3. Notwithstanding the requirements of Section 3.1, if You
create a Larger Work by combining Compatible Software with a work
governed by a Secondary License, You may also distribute the Larger
Work under the terms of the Secondary License.
EXHIBIT A- Mozilla Public License.
This file is subject to the terms of the Mozilla Public License
version 2.0 (the "License"). You can obtain a copy of the License
You may add additional accurate notices of copyright ownership.
If You are the initial Contributor, and wish to take advantage of
Section 11 of this License, You may add the following text to the
Pursuant to Section 11, this file may be distributed as part of a
Larger Work licensed under the GPL or LGPL.
Luis Villa, Mozilla Legal
work email:lvilla at mozilla.com (preferred)
work phone: 650-903-0800 x327
More information about the License-review