Which list? (was Re: MPL Release Candidate 1- formal request for OSI approval)

Luis Villa luis at tieguy.org
Mon Aug 15 15:49:00 UTC 2011

I sent it to this list, and not discuss, because the formal procedure for
approval specifies this list (at least, last I checked, which was admittedly
when I submitted B1 - some time ago now.)

In addition, it was my understanding that the entire reason for splitting
this list from the main discuss list was so that people who wanted to
participate in formal approval could do so without signing up for the poor
signal-to-noise ratio of the main discuss list. (The descriptions of the two
lists on the main osi mailing list page would seem to confirm that
recollection.) For that reason, I would be happy to send a note to discuss
announcing that this discussion is taking place here, but would prefer not
to move the discussion as a whole to that list.

On Aug 15, 2011 8:35 AM, "Andrew Oliver" <acoliver at gmail.com> wrote:
> It should be there exclusively.
> On Mon, Aug 15, 2011 at 10:54 AM, Karl Fogel <kfogel at red-bean.com> wrote:
>> Luis Villa <luis at tieguy.org> writes:
>>>Today, I'm happy to announce the release of MPL 2 Release Candidate 1
>>>- the text that Mozilla hopes will become MPL 2.0 and serve the open
>>>source community well for the next decade (or three). The plain text
>>>of the license is here:
>>>With this email, we formally submit the RC for OSI Approval as a
>>>"popular or widely used" license. We also formally request that OSI
>>>move MPL 1.1 into the "superseded" category.
>>>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
>> Thanks, Luis!  I'll start looking at the text as soon as I can, and ask
>> that others here do as well, so that if there are any concerns they can
>> be raised as early as possible.
>> Question for those who have done this before:
>> Is it normal to loop in License Discuss <license-discuss at opensource.org>
>> at this point?  I would think that would be good, but if we
>> traditionally keep review discussions on -review, then I'm happy to bow
>> to tradition.  Just let me know.
>> -Karl
>>>Text of the License ===================
>>>An HTML version is attached, and plain text version follows at the end
>>>of this email.
>>>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.
>>>Legal Analysis
>>>Discussions of the changes made in each revision, including redlines,
>>>are available from http://mpl.mozilla.org/participate/rc 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.
>>>Proposed Category
>>>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" category.
>>>Earlier Public Discussions
>>>Earlier public discussions of various betas are here:
>>>as well as on the MPL discussion list:
>>>These appeared to be generally positive, with no objections as to the
>>>draft's OSI compliance and several commenters stating that they
>>>believed it was OSI-compliant.
>>>Note on Potential Changes Before Formal Submission
>>>We have submitted the Release Candidate in the anticipation that no
>>>changes will be made to the license before the final version is
>>>released. However, as a result of feedback from this group or others,
>>>we may have to make such changes. In that case, I will endeavor to
>>>notify this group promptly of any changes so that they can be taken
>>>into account.
>>>Mozilla Public License Version 2.0, Release Candidate 1
>>>1. Definitions.
>>>1.1. "Contributor"
>>>    means each individual or entity that creates, contributes to the
>>>    creation of, or owns Covered Software.
>>>1.2. "Contributor Version"
>>>    means the combination of the Contributions of others (if any) used
>>>    by a Contributor and that particular Contributor's Contribution.
>>>1.3. "Contribution"
>>>    means Covered Software of a particular Contributor.
>>>1.4. "Covered Software"
>>>    means Source Code Form to which the initial Contributor has attached
>>>    the notice in Exhibit A, the Executable Form of such Source Code
>>>    Form, and Modifications of such Source Code Form, in each case
>>>    including portions thereof.
>>>1.5. "Incompatible Software"
>>>    means Covered Software
>>>    (a) to which the initial Contributor has attached the notice
>>>        described in Exhibit B; or
>>>    (b) which was made available under the terms of version 1.1 or
>>>        earlier of the License, but not also under the terms of a
>>>        Secondary License.
>>>1.6. "Executable Form"
>>>    means any form of the work other than Source Code Form.
>>>1.7. "Larger Work"
>>>    means a work that combines Covered Software with code in a separate
>>>    file or files not governed by the terms of this License.
>>>1.8. "License"
>>>    means this document.
>>>1.9. "Licensable"
>>>    means having the right to grant, to the maximum extent possible,
>>>    whether at the time of the initial grant or subsequently, any and
>>>    all of the rights conveyed by this License.
>>>1.10. "Modifications"
>>>    means any of the following:
>>>    (a) any file in Source Code Form that results from an addition to,
>>>        deletion from, or modification of the contents of Covered
>>>        Software; or
>>>    (b) any new file in Source Code Form that contains any Covered
>>>        Software.
>>>1.11. "Patent Claims" of a Contributor
>>>    means any patent claim(s), including without limitation, method,
>>>    process, and apparatus claims, in any patent Licensable by such
>>>    Contributor that would be infringed, but for the grant of the
>>>    License, by the making, using, selling, offering for sale, having
>>>    made, import, or transfer of its Contributions or its Contributor
>>>    Version.
>>>1.12. "Secondary License"
>>>    means either the GNU General Public License, Version 2.0 or later,
>>>    the GNU Lesser General Public License, Version 2.1 or later, or the
>>>    GNU Affero General Public License, Version 3.0 or later.
>>>1.13. "Source Code Form"
>>>    means the form of the work preferred for making modifications.
>>>1.14. "You" (or "Your")
>>>    means an individual or a legal entity exercising rights under this
>>>    License. For legal entities, "You" includes any entity that
>>>    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. Grants.
>>>Each Contributor hereby grants You a world-wide, royalty-free,
>>>non-exclusive license:
>>>(a) under intellectual property rights (other than patent or trademark)
>>>    Licensable by such Contributor to use, reproduce, make available,
>>>    modify, display, perform, distribute, and otherwise exploit its
>>>    Contributions, either on an unmodified basis, with 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 otherwise transfer its
>>>    Contributions or its Contributor Version.
>>>2.2. Effective Date.
>>>The licenses granted in Section 2.1 with respect to any Contribution
>>>become effective for each Contribution on the date the Contributor first
>>>distributes such Contribution.
>>>2.3. Limitations on Grant Scope.
>>>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.
>>>Notwithstanding Section 2.1(b) above, no patent license is granted by a
>>>Contributor: (1) for any code that a Contributor has removed from
>>>Covered Software; (2) for infringements caused by: (i) Your and any
>>>other third party's modifications of Covered Software, or (ii) the
>>>combination of its Contributions with other software (except as part of
>>>its Contributor Version); or (3) under Patent Claims infringed by
>>>Covered Software in the absence of its Contributions. 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 3.4).
>>>2.4. Subsequent Licenses.
>>>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 (if
>>>permitted under the terms of Section 3.3).
>>>2.5. Representation.
>>>Each Contributor represents that the Contributor believes its
>>>Contributions are its original creation(s) or it has sufficient rights
>>>to grant the rights to its Contributions conveyed by this License.
>>>2.6. Fair Use.
>>>This License is not intended to limit any rights You have under
>>>applicable copyright doctrines of fair use, fair dealing, or other
>>>2.7. Conditions.
>>>Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses granted
>>>in Section 2.1.
>>>3. Responsibilities.
>>>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 Source
>>>Code Form of 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 recipients' rights in the Source Code
>>>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 of
>>>    the Executable Form how they can obtain a copy of such Source Code
>>>    Form by reasonable means in a timely manner, at no more than a
>>>    nominal charge; and
>>>(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 recipients' rights in the Source Code Form under this License.
>>>3.3. Distribution of a Larger Work.
>>>You may create and distribute a Larger Work under terms of Your choice,
>>>provided that You also comply with the requirements of this License for
>>>the Covered Software. If the Larger Work is a combination of Covered
>>>Software with a work governed by a Secondary License, and the Covered
>>>Software is not Incompatible Software, You may additionally distribute
>>>such Covered Software under the terms of that Secondary License, so that
>>>the recipient of the Larger Work may, at their option, further
>>>distribute the Covered Software under the terms of either this License
>>>or that Secondary License.
>>>3.4. Notices.
>>>You may not remove or alter any license notices (including copyright
>>>notices, patent notices, disclaimers of warranty, or limitations of
>>>liability) contained within the Source Code Form of the Covered
>>>Software, except to the extent required to remedy known factual
>>>3.5. 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. Termination.
>>>5.1. The rights granted under this License will terminate automatically
>>>if You fail to comply with any of its terms. However, if You come back
>>>into compliance, then the rights granted under this License 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 with this License
>>>from such Contributor, and You become compliant prior to 30 days after
>>>Your receipt of the notice.
>>>5.2. If You initiate litigation against any entity by asserting a patent
>>>infringement claim (excluding declaratory judgment actions,
>>>counter-claims, and cross-claims) alleging that a Contributor Version
>>>directly or indirectly infringes any patent, then the rights granted to
>>>You by any and all Contributors for the Covered Software under Section
>>>2.1 of this License shall terminate.
>>>5.3. In the event of termination under Sections 5.1 or 5.2 above, all
>>>end user license agreements (excluding distributors and resellers) which
>>>have been validly granted by You or Your distributors under this License
>>>prior to termination shall survive termination.
>>>6. Disclaimer of Warranty.
>>>Covered Software is provided under this License on an "as is" basis,
>>>without warranty of any kind, either expressed, implied, or statutory,
>>>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 under this License except under this
>>>7. 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.
>>>8. Litigation.
>>>Any litigation relating to this License may be brought only in the
>>>courts of a jurisdiction where the defendant maintains its principal
>>>place of business and such litigation shall be governed by laws of that
>>>jurisdiction, without reference to its conflict-of-law provisions.
>>>Nothing in this Section shall prevent a party's ability to bring
>>>cross-claims or counter-claims.
>>>9. Miscellaneous.
>>>This License represents the complete agreement concerning the 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 law or regulation which provides
>>>that the language of a contract shall be construed against the drafter
>>>shall not be used to construe this License against a Contributor.
>>>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 distribute the Covered Software under the terms of the version
>>>of the License under which You originally received the Covered Software,
>>>or under the terms of any subsequent version published by the license
>>>10.3. Modified Versions.
>>>If you create software not governed by this License, and you want to
>>>create a new license for such 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).
>>>10.4. Distributing Incompatible Software.
>>>If You choose to distribute Incompatible Software under the terms of
>>>this version of the License, the notice described in Exhibit B of this
>>>License must be attached.
>>>Exhibit A- Source Code Form License Notice.
>>>  This Source Code Form is subject to the terms of the Mozilla Public
>>>  License version 2.0 (the "License"). You can obtain a copy of the
>>>  License at http://mozilla.org/MPL/2.0/.
>>>If it is not possible or desirable to put the notice in a particular
>>>file, then You may include the notice in a location (such as a LICENSE
>>>file in a relevant directory) where a recipient would be likely to look
>>>for such a notice.
>>>You may add additional accurate notices of copyright ownership.
>>>Exhibit B- Incompatible Software Notice.
>>>  This Source Code Form is Incompatible Software as defined by the
>>>  License.

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