[License-review] Submitting MPL for Approval

Karl Fogel kfogel at red-bean.com
Fri Dec 9 03:48:26 UTC 2011

Luis Villa <luis at tieguy.org> writes:
>Today, I'm happy to formally submit for approval the text that Mozilla
>hopes will become MPL 2.0 and serve the open source community well for
>the next decade (or three). We do not expect any changes to be made to
>the text below, but we do not recommend use of the text as a license
>until it is formally published by Mozilla.
>We believe that the license should meet OSI Approval as a "popular or
>widely used" license. We also formally request that, once MPL 2 is
>approved, OSI move MPL 1.1 into the "superseded" category.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, thank you!  We'll review it on this list right away.  As it is not
too different from the previous draft seen here, I do not anticipate a
long process (though cannot guarantee of course.)


>Text of the License
>Both HTML and plain text versions are attached, and plain text version
>also 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/ 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.
>If MPL 2 is approved, MPL 1.1 should be moved into the "superseded" category.
>Earlier Public Discussions
>Tracking of earlier OSI discussions is here:
>And earlier MPL discussion list archives are linked to from here:
>These appeared to be generally positive, with no objections as to the
>draft's OSI compliance and tentative approval being given to RC1.
>Plain Text
>[NB: This is best viewed in a monospace font.]
>Mozilla Public License Release Candidate 3
>1. Definitions
>1.1. "Contributor"
>    means each individual or legal 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 With Secondary Licenses"
>    means
>    (a) that the initial Contributor has attached the notice described
>        in Exhibit B to the Covered Software; or
>    (b) that the Covered Software 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 either its Contributions or its
>    Contributor Version.
>1.12. "Secondary License"
>    means either the GNU General Public License, Version 2.0, the GNU
>    Lesser General Public License, Version 2.1, the GNU Affero General
>    Public License, Version 3.0, or any later versions of those
>    licenses.
>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 either 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 2 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
>(a) for any code that a Contributor has removed from Covered Software;
>    or
>(b) 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
>(c) 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 a charge no more
>    than the cost of distribution to the recipient; 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 one or more Secondary Licenses, and the
>Covered Software is not Incompatible With Secondary Licenses, this
>License permits You to additionally distribute such Covered Software
>under the terms of such Secondary License(s), 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 such Secondary
>3.4. Notices
>You may not remove or alter the substance of 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 that You may alter any license notices to
>the extent required to remedy known factual inaccuracies.
>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 become
>compliant, 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 disclaimer.         *
>*                                                                      *
>*                                                                      *
>*  7. Limitation of Liability                                          *
>*  --------------------------                                          *
>*                                                                      *
>*  Under no circumstances and under no legal theory, whether tort      *
>*  (including negligence), contract, or otherwise, shall any           *
>*  Contributor, or anyone who distributes Covered Software as          *
>*  permitted above, be liable to You 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 Source Code Form that is Incompatible With Secondary
>If You choose to distribute Source Code Form that is Incompatible With
>Secondary Licenses 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, v. 2.0. If a copy of the MPL was not distributed with this
>  file, You can obtain one 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 With Secondary Licenses" Notice
>  This Source Code Form is "Incompatible With Secondary Licenses", as
>  defined by the Mozilla Public License, v. 2.0.

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