[License-review] [license review] Mulan PSL V1

[zhou minghui]

Dear Carlo,

Thank you for your prompt response!

I agree, Mulan PSL is similar to BSD, but as you already observed, it is 
more streamlined and modern. I would argue those are profound reasons 
for us to invent a new license.  As we observed in practice, it is very 
important to better clarify the permissions, limitations and conditions, 
we saw cases here in which the implicit expression brought confusion.  
In that regard Mulan PSL v1 does a much better job.  For example, it 
grants "Patent license from all code licensors and their 
affiliates",considering the case where the licensors licensed their 
projects while the patent in their projects are owned by their 
Affilates.  Mulan PSL also considered "patent retaliation", aiming to 
provide better protection for developers.

As for your criticism, I totally understand your angle. However, you may 
understand we did that for a reason. We intended to make it easier for 
Chinese developers to read and understand, not inducing legal issues 
they don't want.  After all, we have about ten million developers in 
China, who are desperate to develop their software in open source 
fashion.  And they represent thousands of companies that may boost the 
Internet technologies.  They are not against English at all (we are in 
the same earth village, and we are applying for OSI approval here), but 
a Chinese version make them understand what they are licensed and 
license to.

We have carefully compared the legal interpretation of Mulan PSL v1 in 
both English and Chinese versions, and considered them consistent 
(lawyers involved). We will also continue to refine the License FQA to 
address any concerns.  In the event of an irreconcilable conflict of 
interpretations between the Chinese and English versions, the Chinese 
version shall prevail (we are considering it, which is not written in 
the current license). However, as you said, this would then be left to 
the local court.

Minghui ZHOU


On 12/3/19 4:54 PM, Carlo Piana wrote:

> Dear professor Zhou,
>
> I have one observation and one criticism.
>
> The observation is that this looks like a couple of licenses like the 
> BSD+patents. While arguably the text is more streamlined and modern, 
> building on the experience in licensing that we have accrued since the 
> BSD times, I wonder if there is such desperate need for yet another 
> license. Except perhaps one in Chinese.
>
> The criticism is founded on a long debated issue about whether 
> multi-language licenses are a good idea. As you know, GNU GPL family 
> decided that the only ever authoritative version is the English one, 
> and I tend to agree with the rationale underneath. It is tremendously 
> difficult to exactly match the same meaning across multiple languages, 
> and my experience in dissecting legal instruments of the EU -- 
> limiting to those few languages I am reasonably confident perusing -- 
> is that it is very difficult to find a single meaning. Often one 
> should find it comparing different versions and with the help of the 
> recitals, and yet it is very difficult to reach a final point.
>
> Moreover, you state in your introduction that the rule is (roughly) 
> "either is normative". But that rule is nowhere expressed in the 
> license itself. I am afraid this would then be totally left to the 
> local court, in case. Yet, a license lives not only in court, but also 
> in the current interpretation of those using it, who would not have 
> the benefit of a third party picking up one version or the other.
>
> Frankly, I see little merit in creating confusion by using two 
> languages on equal footing. On the other hand, the fact that the 
> license is non-copyleft reduces the concerns on possible negative 
> consequences.
>
> I wonder if those concerns have also been tackled in your legal 
> analysis, and what the answer were, in case.
>
> I totally love the name of the license.
>
> With best regards,
>
> Carlo Piana
>
>
>
>
> On 03/12/19 08:53, Zhou Minghui wrote:
>>
>> Dear OSI board members and license reviewers,
>>
>> Below isthe submission of Mulan Permissive Software License, Version 
>> 1(Mulan PSL v1) for approval.
>>
>> Minghui ZHOU
>>
>> Professor, PhD
>>
>> Peking University
>>
>> ============================
>>
>> *Type of submission: *Approval
>>
>> *License name: *木兰宽松许可证,第1版（Mulan Permissive Software 
>> License，Version 1）
>>
>> *Short Identifier: *Mulan PSL v1
>>
>> *URL: *http://license.coscl.org.cn/MulanPSL
>>
>> *Rationale:*
>>
>> 1. Mulan PSL v1 is expressed in both Chinese and English, which have 
>> the same legal effect. It is convenient for open source participants 
>> to read and use.
>>
>> 2. In order to solve the existing litigation problems, Mulan PSL v1 
>> clarifies the authorization of copyright, patent and trademark and 
>> provides better legal protection.
>>
>> 3. For the sake of simplicity and understandability <javascript:;>, 
>> Mulan PSL v1 was revised jointly by technical experts and legal 
>> experts to simplify the terms and optimize the expression as much as 
>> possible on the premise of clarifying the behavior constraints of 
>> both parties in the License. Mulan PSL v1 is easy for users to follow.
>>
>> *Distinguish (from other OSI-approved permissive licenses):*
>>
>> Mulan PSL v1 differs from BSD 3-clause License and Apache License 
>> V2.0 in terms of statement obligation, copyright license, patent 
>> license and patent retaliation.
>>
>> 1. Statement obligation. Mulan PSL v1 only requires that the licensed 
>> software to be distributed with a copy of this License and copyright, 
>> patent, trademark and disclaimer statements in the software.
>>
>> 2. Copyright license. Original licensor, subsequent contributor, and 
>> Affiliates of those licensors provide the Copyright license.
>>
>> 3. Patent license. Original licensor, subsequent contributor, and 
>> Affiliates of those licensors provide the patent license.
>>
>> 4. Patent retaliation: If a user or its Affiliates directly or 
>> indirectly (including through an agent, patent licensee or assignee) 
>> institute patent litigation (including a cross claim or counterclaim 
>> in a litigation) or other patent enforcement activities against any 
>> individual or entity by alleging that the Software or any 
>> Contribution in it infringes patents, then any patent license granted 
>> to the user or its Affiliates under this License for the Software 
>> shall terminate as of the date such litigation or activity is filed 
>> or taken.
>>
>> A comparison to existing OSS licenses and clauses, is attached to 
>> this submission as a license commentary.
>>
>> 　
>>
>> 	
>>
>> Mulan PSL v1
>>
>> 	
>>
>> BSD 3-Clause License
>>
>> 	
>>
>> Apache License V2.0
>>
>> Permissions
>>
>> 	
>>
>> üCommercial use
>>
>> 	
>>
>> üCommercial use
>>
>> 	
>>
>> üCommercial use
>>
>> üModification
>>
>> 	
>>
>> üModification
>>
>> 	
>>
>> üModification
>>
>> üDistribution
>>
>> 	
>>
>> üDistribution
>>
>> 	
>>
>> üDistribution
>>
>> üPrivate use
>>
>> 	
>>
>> üPrivate use
>>
>> 	
>>
>> üPrivate use
>>
>> üPatent license from all codes licensors their affiliates
>>
>> 	
>> 	
>>
>> üPatent license from subsequent contributors and their affiliates and 
>> original licensor
>>
>> Limitations
>>
>> 	
>>
>> ûLiability
>>
>> 	
>>
>> ûLiability
>>
>> 	
>>
>> ûLiability
>>
>> ûWarranty
>>
>> 	
>>
>> ûWarranty
>>
>> 	
>>
>> ûWarranty
>>
>> ûTrademark use
>>
>> 	
>>
>> 　
>>
>> 	
>>
>> ûTrademark use
>>
>> Conditions
>>
>> 	
>>
>> ！License and copyright notice when distribution
>>
>> 	
>>
>> ！License and copyright notice when distribution
>>
>> 	
>>
>> ！License and copyright notice when distribution
>>
>> ！User's patent license automatically terminates when such user 
>> directly or indirectly enforces its patents on the work
>>
>> 	
>> 	
>>
>> ！User's patent license automatically terminates when such user sues 
>> infringement of its patents on the work
>>
>>
>> 	
>> 	
>>
>> ！State changes
>>
>> *Legal Review:*
>>
>> Mulan PSL v1 was drafted by software experts and lawyers from 
>> colleges, research institutions, enterprise <javascript:;>s and open 
>> source communities. It has been reviewed by lawyers specialized in 
>> the field of intellectual property and open source software.
>>
>> Both the Chinese and English versions of Mulan PSL v1 have the same 
>> legal effect. Users can select the appropriate version in their 
>> jurisdiction. Mulan PSL v1 meets OSI’s definition of “Open Source” of 
>> OSI and OSI’s requirements. The rationale of the license is to create 
>> a license with easy compliance, better compatibility and 
>> comprehensive patent protection.
>>
>> *License proliferation category:*
>>
>> Licenses that are popular and widely used or with strong communities
>>
>> Mulan PSL v1 has been widely used in China open source community, 
>> more than 1,000 projects are licensed under Mulan PSL v1, here is a 
>> few typical examples:
>>
>> Hutool
>>
>> 	
>>
>> https://gitee.com/loolly/hutool
>>
>> OpenArkCompiler
>>
>> 	
>>
>> https://gitee.com/harmonyos/OpenArkCompiler
>>
>> IJPay
>>
>> 	
>>
>> https://gitee.com/javen205/IJPay
>>
>> IMI
>>
>> 	
>>
>> https://gitee.com/yurunsoft/IMI
>>
>> SimpleDFS
>>
>> 	
>>
>> https://gitee.com/FusionStack/SimpleDFS
>>
>> *Text of the license:*
>>
>> *木兰宽松**许可证， 第1版 *
>>
>> 2019年8月 http://license.coscl.org.cn/MulanPSL
>>
>> 您对“软件”的复制、使用、修改及分发受木兰宽松许可证，第1版（“本许可证”）的如下条款的约束：
>>
>> *0.**定义***
>>
>> *“软件”*是指由“贡献”构成的许可在“本许可证”下的程序和相关文档的集合。
>>
>> *“贡献者”*是指将受版权法保护的作品许可在“本许可证”下的自然人或“法人实体”。
>>
>> *“法人实体”*是指提交贡献的机构及其“关联实体”。
>>
>> *“关联实体”*是指，对“本许可证”下的一方而言，控制、受控制或与其共同受控制的机构，此处的控制是指有受控方或共同受控方至少50%直接或间接的投票权、资金或其他有价证券。
>>
>> *“贡献”*是指由任一“贡献者”许可在“本许可证”下的受版权法保护的作品。
>>
>> *1.**授予版权许可*
>>
>> 每个“贡献者”根据“本许可证”授予您永久性的、全球性的、免费的、非独占的、不可撤销的版权许可，您可以复制、使用、修改、分发其“贡献”，不论修改与否。
>>
>> *2.**授予专利许可*
>>
>> 每个“贡献者”根据“本许可证”授予您永久性的、全球性的、免费的、非独占的、不可撤销的（根据本条规定撤销除外）专利许可，供您制造、委托制造、使用、许诺销售、销售、进口其“贡献”或以其他方式转移其“贡献”。前述专利许可仅限于“贡献者”现在或将来拥有或控制的其“贡献”本身或其“贡献”与许可“贡献”时的“软件”结合而将必然会侵犯的专利权利要求，不包括仅因您或他人修改“贡献”或其他结合而将必然会侵犯到的专利权利要求。如您或您的“关联实体”直接或间接地（包括通过代理、专利被许可人或受让人），就“软件”或其中的“贡献”对任何人发起专利侵权诉讼（包括反诉或交叉诉讼）或其他专利维权行动，指控其侵犯专利权，则“本许可证”授予您对“软件”的专利许可自您提起诉讼或发起维权行动之日终止。
>>
>> *3.**无商标许可*
>>
>> “本许可证”不提供对“贡献者”的商品名称、商标、服务标志或产品名称的商标许可，但您为满足第4条规定的声明义务而必须使用除外。
>>
>> *4.**分发限制*
>>
>> 您可以在任何媒介中将“软件”以源程序形式或可执行形式重新分发，不论修改与否，但您必须向接收者提供“本许可证”的副本，并保留“软件”中的版权、商标、专利及免责声明。
>>
>> *5.**免责声明与责任限制*
>>
>> “软件”及其中的“贡献”在提供时不带任何明示或默示的担保。在任何情况下，“贡献者”或版权所有者不对任何人因使用“软件”或其中的“贡献”而引发的任何直接或间接损失承担责任，不论因何种原因导致或者基于何种法律理论,即使其曾被建议有此种损失的可能性。 
>>
>>
>> *条款结束 *
>>
>> *如何将木兰宽松许可证，第1版，应用到您的软件*
>>
>> 如果您希望将木兰宽松许可证，第1版，应用到您的新软件，为了方便接收者查阅，建议您完成如下三步：
>>
>> 1，请您补充如下声明中的空白，包括软件名、软件的首次发表年份以及您作为版权人的名字；
>>
>> 2，请您在软件包的一级目录下创建以“LICENSE”为名的文件，将整个许可证文本放入该文件中；
>>
>> 3， 请将如下声明文本放入每个源文件的头部注释中。
>>
>>
>> Copyright (c) [2019] [name of copyright holder]
>>
>> [Software Name] is licensed under the *Mulan PSL v1*.
>> You can use this software according to the terms and conditions of 
>> the *Mulan PSL v1.*
>>
>> You may obtain a copy of*Mulan PSL v1 *at:
>>
>> http://license.coscl.org.cn/MulanPSL**
>>
>> THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT warranties of 
>> any kind, either express or implied, including but not limited to 
>> non-infringement, merchantability or fit for a particular purpose.
>>
>> See the*Mulan PSL v1 *for more details.
>>
>> *Mulan Permissive**Software License**，**Version 1**(Mulan PSL v1)*
>>
>> August 2019 http://license.coscl.org.cn/MulanPSL
>>
>> Your reproduction, use, modification and distribution of the Software 
>> shall be subject to Mulan PSL v1 (this License) with following terms 
>> and conditions:
>>
>> *0. Definition*
>>
>> *Software*means the program and related documents which are comprised 
>> of those Contribution and licensed under this License.
>>
>> *Contributor*means the Individual or Legal Entity who licenses its 
>> copyrightable work under this License.
>>
>> *Legal Entity*means the entity making a Contribution and all its 
>> Affiliates.
>>
>> *Affiliates*means entities that control, or are controlled by, or are 
>> under common control with a party to this License, ‘control’means 
>> direct or indirect ownership of at least fifty percent (50%) of the 
>> voting power, capital or other securities of controlled or commonly 
>> controlled entity.
>>
>> *Contribution *means the copyrightable work licensed by a particular 
>> Contributor under this License.
>>
>> *1. Grant of Copyright License*
>>
>> Subject to the terms and conditions of this License, each Contributor 
>> hereby grants to you a perpetual, worldwide, royalty-free, 
>> non-exclusive, irrevocable copyright license to reproduce, use, 
>> modify, or distribute its Contribution, with modification or not.
>>
>> *2. Grant of Patent License *
>>
>> Subject to the terms and conditions of this License, each Contributor 
>> hereby grants to you a perpetual, worldwide, royalty-free, 
>> non-exclusive, irrevocable (except for revocation under this Section) 
>> patent license to make, have made, use, offer for sale, sell, import 
>> or otherwise transfer its Contribution where such patent license is 
>> only limited to the patent claims owned or controlled by such 
>> Contributor now or in future which will be necessarily infringed by 
>> its Contribution alone, or by combination of the Contribution with 
>> the Software to which the Contribution was contributed, excluding of 
>> any patent claims solely be infringed by your or others’modification 
>> or other combinations.If you or your Affiliates directly or 
>> indirectly (including through an agent, patent licensee or assignee) 
>> institute patent litigation (including a cross claim or counterclaim 
>> in a litigation) or other patent enforcement activities against any 
>> individual or entity by alleging that the Software or any 
>> Contribution in it infringes patents, then any patent license granted 
>> to you under this License for the Software shall terminate as of the 
>> date such litigation or activity is filed or taken.
>>
>> *3. No Trademark License*
>>
>> No trademark license is granted to use the trade names, trademarks, 
>> service marks, or product names of Contributor, except as required to 
>> fulfill notice requirements in section 4.
>>
>> *4. Distribution Restriction*
>>
>> You may distribute the Software in any medium with or without 
>> modification,whether in source or executable forms, provided that you 
>> provide recipients with a copy of this License and retain copyright, 
>> patent, trademark and disclaimer statements in the Software.
>>
>> *5. Disclaimer of Warranty and Limitation of Liability*
>>
>> The Software and Contribution in it are provided without warranties 
>> of any kind, either express or implied. In no event shall any 
>> Contributor or copyright holder be liable to you for any damages, 
>> including, but not limited to any direct, or indirect, special or 
>> consequential damages arising from your use or inability to use the 
>> Software or the Contribution in it, no matter how it’s caused or 
>> based on which legal theory, even if advised of the possibility of 
>> such damages.
>>
>> *End of the Terms and Conditions*
>>
>> *How to apply the Mulan Permissive Software License**，**Version 1 
>> (Mulan PSL v1) to your software*
>>
>> To apply the Mulan PSL v1 to your work, for easy identification by 
>> recipients, you are suggested to complete following three steps:
>>
>> i Fill in the blanks in following statement, including insert your 
>> software name, the year of the first publication of your software, 
>> and your name identified as the copyright owner;
>>
>> ii Create a file named “LICENSE”which contains the whole context of 
>> this License in the first directory of your software package;
>>
>> iii Attach the statement to the appropriate annotated syntax at the 
>> beginning of each source file.
>>
>>
>> Copyright (c) [2019] [name of copyright holder]
>>
>> [Software Name] is licensed under the *Mulan PSL v1.*
>> You can use this software according to the terms and conditions of 
>> the *Mulan PSL v1.*
>>
>> You may obtain a copy of *Mulan PSL v1* at:
>>
>> http://license.coscl.org.cn/MulanPSL
>>
>> THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT warranties of 
>> any kind, either express or implied, including but not limited to 
>> non-infringement, merchantability or fit for a particular purpose.
>>
>> See the *Mulan PSL v1* for more details.
>>
>>
>> _______________________________________________
>> License-review mailing list
>> License-review at lists.opensource.org
>> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>
>
>
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