[License-review] [license review] Mulan PSL V1
Pamela Chestek
pamela.chestek at opensource.org
Fri Feb 14 17:40:10 UTC 2020
At the Board meeting of February 14, 2020, the Board of the Open Source
Initiative approved the Mulan PSL License v2. The votes was 9 in favor
of approval, 0 opposed, 0 abstention, and 2 members not present.
Pam
Pamela Chestek
Chair, License Review committee
Open Source Initiative
On 2/11/2020 9:34 PM, Pamela Chestek wrote:
>
> To the Board of the OSI and the License-Review list:
>
> Below is the recommendation of the License Committee of the Open
> Source Initiative on the Mulan PSL License v2.
>
>
> Pamela Chestek
>
> Chair
> License Committee
> Open Source Initiative
>
> ****
>
> License: Mulan PSL License v2 (Exhibit A)
> Submitted: Version 1 December 3, 2019,
> http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-December/004451.html
> Resubmitted: Version 2 December 30, 2019,
> http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2019-December/004590.html
>
> Resubmitted: Version 2 January 6, 2020,
> http://lists.opensource.org/pipermail/license-review_lists.opensource.org/2020-January/004640.html
>
>
> Decision date: due no later than the first Board meeting after
> February 6, 2020
>
> License Review Committee Recommendation:
>
> Resolved that it is the opinion of the OSI that the Mulan PSL License
> v2 be approved as an Open Source Initiative Approved License in the
> International category of licenses.
>
> _Rationale Document_
>
> _Notes_:
>
> The license was modified twice in response to comments on
> license-review, addressing the criticisms made. There have been no
> comments suggesting that the last version of the license submitted is
> not an open source license.
>
> The OSI believes that a Chinese language open source license, which
> will encourage the release of open source software by the Chinese
> community, is a valuable addition to the list of approved licenses.
>
> The submitter requested categorization in the “Popular and Widely Used
> or With Strong Communities” category, however it is being placed in
> the “International” category. The license has not been in existence
> long enough to be considered for the “Popular and Widely Used or With
> Strong Communities” category.
>
> _Exhibit A__
> _
> 木兰宽松许可证， 第2版
>
> 2020年1月 http://license.coscl.org.cn/MulanPSL2
>
> 您对“软件”的复制、使用、修改及分发受木兰宽松许可证，第2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”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。
>
> “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”下的行为方而言，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。
>
> 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，不包括对“贡献”的修改或包含“贡献”的其他结合。如果您或您的“关联实体”直接或间接地，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。
>
> 6. 语言
>
>
> “本许可证”以中英文双语表述，中英文版本具有同等法律效力。如果中英文版本存在任何冲突不一致，以中文版为准。
>
> 条款结束
>
>
> 如何将木兰宽松许可证，第2版，应用到您的软件
>
> 如果您希望将木兰宽松许可证，第2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) [Year] [name of copyright holder] [Software Name] is
> licensed under Mulan PSL v2. You can use this software according to
> the terms and conditions of the Mulan PSL v2. You may obtain a copy of
> Mulan PSL v2 at: http://license.coscl.org.cn/MulanPSL2 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 v2 for more details.
>
> January 2020 http://license.coscl.org.cn/MulanPSL2
>
> Your reproduction, use, modification and distribution of the Software
> shall be subject to Mulan PSL v2 (this License) with the following
> terms and conditions:
>
> 0. Definition
>
> Software means the program and related documents which are licensed
> under this License and comprise all Contribution(s).
>
> Contribution means the copyrightable work licensed by a particular
> Contributor 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, are controlled by, or are
> under common control with the acting entity under 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.
>
> 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. The patent license
> shall not apply to any modification of the Contribution, and any other
> combination which includes the Contribution. If you or your Affiliates
> directly or indirectly 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.
>
> 6. Language
>
> THIS LICENSE IS WRITTEN IN BOTH CHINESE AND ENGLISH, AND THE CHINESE
> VERSION AND ENGLISH VERSION SHALL HAVE THE SAME LEGAL EFFECT. IN THE
> CASE OF DIVERGENCE BETWEEN THE CHINESE AND ENGLISH VERSIONS, THE
> CHINESE VERSION SHALL PREVAIL.
>
> END OF THE TERMS AND CONDITIONS
>
> How to Apply the Mulan Permissive Software License，Version 2 (Mulan
> PSL v2) to Your Software
>
> To apply the Mulan PSL v2 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) [Year] [name of copyright holder] [Software Name] is
> licensed under Mulan PSL v2. You can use this software according to
> the terms and conditions of the Mulan PSL v2. You may obtain a copy of
> Mulan PSL v2 at: http://license.coscl.org.cn/MulanPSL2 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 v2 for more details.
>
>
> On 1/6/20 11:17 PM, Zhou Minghui wrote:
>>
>> Dear all,
>>
>> We have revised the Mulan PSL v2 based on the suggestions from McCoy
>> Smith. Below is the submission for approval, including the list of
>> collected suggestions (the suggestions for Mulan PSL v1 + the
>> suggestions from McCoy Smith on the earlier version of Mulan PSL v2),
>> the modifications compared to Mulan PSL v1, and the text of the
>> license.
>>
>> Please note:
>>
>> 1) The revised version is still called Mulan PSL v2.
>>
>> 2) Mulan PSL v2 is not online yet though I provided the hyperlink
>> (http://license.coscl.org.cn/MulanPSL2). It will go public once this
>> version is finalized.
>>
>> 3) I didn’t use red color to emphasize the modifications as what I
>> did in the earlier submission since it may cause unnecessary
>> misunderstanding.
>>
>> Thank you,
>>
>> Minghui ZHOU
>>
>> --------------------------------------------
>>
>> Professor, Ph.D.
>>
>> Department of Computer Science
>>
>> Peking University
>>
>> ---------------------------------------------**
>>
>> *=========================================================================*
>>
>> *Type of submission: *Approval
>>
>> *License name: *木兰宽松许可证,第2版(Mulan Permissive Software License,
>> Version 2)
>>
>> *Short Identifier: *Mulan PSL v2
>>
>> *List of suggestions:*
>>
>> We collected the suggestions from the License Review Mailing List as
>> follows:
>>
>> From:Carlo Piana <carlo at piana.eu <mailto:carlo at piana.eu>>
>>
>> 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.
>>
>> From: Josh Berkus <josh at berkus.org <mailto:josh at berkus.org>>
>>
>> I think Carlo was arguing that this license should state that the
>> Chinese version is authoritative. Certainly that would make sense to
>> me.
>>
>> From: Carlo <carlo at piana.eu <mailto:carlo at piana.eu>>
>>
>> Thanks Josh for spotting the point. Pretty much so. **One** version
>> should be authoritative, IMHO. Which one, that's up to the author of
>> the license to decide.
>>
>> Suppose one contributor picks the English and another, for an
>> unrelated project, the Chinese, and the two differ substantially due
>> to a glitch in the translation. And a third party combines them. It's
>> a minor hiccup here, as it's no copyleft, yet it's unnecessary added
>> entropy. Which one applies? You would have two inbound and most of
>> all two outbound
>>
>> licenses in a superstate, with the same name and different legal
>> consequences.
>>
>> Again, not a big issue, rather a matter of elegance and "ecology".
>>
>> From: Simon Phipps <webmink at opensource.org
>> <mailto:webmink at opensource.org>>
>>
>> Please collect all the suggestions the list offer and then make a
>> revised submission with a new version number that includes all the
>> changes you intend to make, with an explanation of each change in the
>> submission email (ideally with citations!). That way we have a single
>> email to refer to in the final approval process.
>>
>> From: Pamela Chestek <pamela at chesteklegal.com
>> <mailto:pamela at chesteklegal.com>>
>>
>> Would it be possible to make one version authoritative is some
>> countries and the other authoritative in the rest of the world? You
>> could says something like "the Chinese version is the official
>> version in China, Hong Kong, etc. and the English version is the
>> official version in the other countries of the world." If you said
>> that the Chinese version was authoritative everywhere, and then
>> litigate the license in the US, the Chinese version will need to be
>> translated to English. You might then end up with a /different/
>> translation than the version written in English.
>>
>> But you would want it very clear how it was divided. I would not say
>> something like "Chinese-speaking countries" because then you get into
>> arguments about what that means - is the United States a
>> Chinese-speaking country because it has a sizable Chinese-speaking
>> population? (We have no official language in the United States.)
>>
>> Just suggesting it - does this create problems I'm not seeing?
>>
>> From: Simon Phipps <simon at webmink.com <mailto:simon at webmink.com>>
>>
>> Wouldn't the copyright holder's preference be the best selection?
>> Given the two versions are essentially equivalent it doesn't matter
>> which is selected as long as one is.
>>
>> So maybe change the usage instructions to include a statement of
>> which language is normative, then change the license text to state
>> Chinese is normative unless otherwise specified in the copyright
>> statement in the source code, so there's a default.
>>
>> From: Pamela Chestek <pamela at chesteklegal.com
>> <mailto:pamela at chesteklegal.com>>
>>
>> Hmm, except that it gets sticky where each individual contributor to
>> the same project chooses differently. That would be impossible to
>> sort out in a lawsuit.
>>
>> So I'm back to just picking Chinese as the controlling language.
>>
>> This demonstrates why it's so hard to write a good license and why
>> they can get very lengthy.
>>
>> From: Josh Berkus <josh at berkus.org <mailto:josh at berkus.org>>
>>
>> Do we have someone in the OSI who can review the Chinese language
>> license?
>>
>>
>>
>> From: Simon Phipps <webmink at opensource.org
>> <mailto:webmink at opensource.org>>
>>
>> Our process requires that a notarised English translation is provided
>> for review. In this case certification that the English version is
>> legally equivalent would be sufficient, which we can probably assume
>> from the status of the submitter.
>>
>> Note that making a single version normative (if that is what the
>> submitter chooses to do) merely indicates that where there is
>> disputed interpretation during litigation of otherwise equivalent
>> texts, the normative version is used by the court. It should not
>> affect our deliberations about the overall license if both versions
>> are certified equivalent.
>>
>> From: "McCoy Smith" <mccoy at lexpan.law>
>>
>> A few comments on this submission; sorry I didn’t get comments in on
>> prior iterations:
>>
>> This looks like a variant on Apache, so my initial question on this
>> was why not translate Apache into Chinese, and have that be the
>> authoritative version? However, there are some substantive
>> differences here with Apache, so that proposition would not make
>> sense if the goal is to achieve some improvements or variants to
>> canonical Apache, as well as to have an authoritative native Chinese
>> language license. The substantive differences do raise questions in
>> my mind though (note that some of these may be the result of
>> translation from Chinese to English, so perhaps some clarity in the
>> English-translated submission is required rather than changes to the
>> license text itself):
>>
>> “Software means the program and related documents which are comprised
>> of those Contribution and licensed under this License.”
>>
>> The grammar, in English, of this definition is awkward. It probably
>> should say:
>>
>> “’Software’ means the program and related documents which comprise
>> all Contributions licensed under this License.”
>>
>> Also:
>>
>> “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.”
>>
>> I think you may not want use the term “party” here, as it would apply
>> both to the entity/person giving the grant (licensor), and the
>> entities/persons receiving the grant (licensee). This looks like it
>> is styled to be a “bare license” (vs a contract), in which case use
>> of “party” here could be construed as an effort to make binding
>> obligations that go in both ways (vs having all terms merely be
>> conditions upon the grant of the licenses). If your intent is to
>> have this be interpreted as a contract, for which both parties
>> (licensor and licensee) are agreeing to obligations, you might want
>> to clarify what is the binding obligation of the licensee (entity
>> receiving the grant) to the licensor (entity giving the grant),
>> particularly what obligations you believe Affiliates of the licensee
>> should be bound to.
>>
>> And:
>>
>> “2. Grant of Patent License
>>
>> *** 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.”
>>
>> The grammar, in English, of the last part of that statement is
>> awkward. I’d suggest you just use the language straight out of,
>> e.g., Eclipse:
>>
>> “The patent license shall not apply to any other combinations which
>> include the Contribution.”
>>
>> In addition:
>>
>> “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.”
>>
>> The parenthetical here is potentially highly problematic, as it
>> doesn’t limit what sort of “agent,” “patent licensee” or “assignee”
>> to which it applies. I think you intend here to indicate an “agent,
>> patent licensee or assignee” *which has been granted the right to
>> institute patent litigation using a Contributor’s patent that is
>> claimed to be infringed by the Software.* If that is the case, it
>> should be made clear. Otherwise, it – as written – would cover a
>> non-exclusive licensee of a general corporate patent cross-license
>> who asserts a patent claim against the Software based on a patent
>> that that non-exclusive licensee developed independent of the
>> Contributor. The same would apply to “agent” and “assignee”
>> (although in that case, an agent for any purpose might be potentially
>> implicated). If you did intend the defensive suspension claim to be
>> that broad in scope, I don’t think it violates the OSD, but it likely
>> means that many entities will not wish to use the license, as any
>> contractual relation it enters into with other entities that could be
>> characterized as agency or assignment (or the granting of any sort of
>> patent license) means that their continued use of software is at risk
>> based on independent actions of those parties using their own patents.
>>
>> 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.”
>>
>> Since you’re already using red to highlight the “Language” clause,
>> I’d suggest you might want to do that for the “Disclaimer of Warranty
>> and Limitation of Liability,” as (at least in the USA), making such
>> disclaimers “conspicuous” (for example, using a different color, or a
>> box, or ALL CAPS) can be considered required for it to be effective
>> (https://mjlr.org/2015/09/19/out-of-sight-out-of-mind-hidden-disclaimers-and-ucc-%C2%A7-2-316s-conspicuousness-requirement/)
>>
>> Nota bene: My friend Carlo compared this license to “BSD+Patents”;
>> I’ve gotten to the point where I now tend to include a parenthetical
>> because of the confusion between “BSD+Patents” (plural, the license
>> that Facebook used for a short time with react.js but later stopped
>> using because of negative reaction to the patent defensive suspension
>> clause) and “BSD+Patent” (singular, the OSI-approved license, that
>> does not even have a patent defensive suspension clause because it is
>> designed to be GPLv2 compatible).? Remember that the “singular”
>> license is the OSI approved, GPLv2 compatible one!
>>
>> ?That license was written and submitted by me on behalf of my prior
>> employer so I feel some duty to continue to point out this
>> clarification….
>>
>> * *
>>
>> *Modification (compared to Mulan PSL v1):*
>>
>> 1. Carlo Piana raised the concern about multiple language, i.e., we
>> provide both Chinese and English versions for Mulan PSL v1, but what
>> if there is disputed interpretation between both versions? Based on
>> the suggestions from Carlo Piana, Josh Berkus, Simon Phipps and
>> Pamela Chestek,we have added a statement in the license terms,
>> stating that while there is any conflict between the Chinese version
>> and the English version, the Chinese version prevails.
>>
>> *6. 语言*
>>
>> *“本许可证”以中英文双语表述，中英文版本具有同等法律效力。如果中英文版本存在任何冲突不一致，以中文版为准。***
>>
>> *6. Language*
>>
>> THIS LICENSE IS WRITTEN IN BOTH CHINESE AND ENGLISH, AND THE CHINESE
>> VERSION AND ENGLISH VERSION SHALL HAVE THE SAME LEGAL EFFECT. IN THE
>> CASE OF DIVERGENCE BETWEEN THE CHINESE AND ENGLISH VERSIONS, THE
>> CHINESE VERSION SHALL PREVAIL.
>>
>> 2. McCoy Smith pointed out that some of the expressions in the
>> English version of Mulan PSL v1 may not be very consistent with the
>> language conventions, we have revised some sentences in the English
>> version.
>>
>> original: *Software*means the program and related documents which are
>> comprised of those Contribution and licensed under this License.
>>
>> modified: *Software*means the program and related documents which are
>> licensed under this License and comprise all Contribution(s).
>>
>> original:**…, excluding of any patent claims solely be infringed by
>> your or others’ modification or other combinations.
>>
>> modified: Thepatent license shall not apply to any modification of
>> the Contribution, and any other combination which includes the
>> Contribution.
>>
>> 3. To reduce ambiguity, “party” is replaced with “acting entity” as
>> suggested by McCoy Smith.
>>
>> *“关联实体”*是指，对“本许可证”下的行为方而言，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。
>>
>> *Affiliates*means entities that control, are controlled by, or are
>> under common control with the acting entity under 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.
>>
>> 4. McCoy Smith pointed out that the parentheses here is potentially
>> problematic, “If you or your Affiliates directly or indirectly
>> (including through an agent, patent licensee or assignee), institute
>> patent litigation...”. Such description has been deleted for clarity.
>>
>> 如果您或您的“关联实体”直接或间接地，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。
>>
>>
>> If you or your Affiliates directly or indirectly 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.
>>
>> 5. Based on the suggestions made by McCoy Smith, we have capitalized
>> the “Disclaimer of Warranty and Limitation of Liability” clause to
>> make it conspicuous and effective.
>>
>> *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。
>> *
>>
>> * **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.
>>
>>
>>
>> *Rationale:*
>>
>> 1. Mulan PSL v2 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 v2
>> clarifies the authorization of copyright, patent and trademark, and
>> provides better legal protection.
>>
>> 3. For the sake of simplicity and understandability, Mulan PSL v2 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 v2 is easy for users to follow.
>>
>>
>>
>> *Distinguish (from other OSI-approved permissive licenses):*
>>
>> Mulan PSL v2 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 v2 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 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 v2
>>
>>
>>
>> BSD 3-Clause License
>>
>>
>>
>> Apache License V2.0
>>
>> Permissions
>>
>>
>>
>> ü Commercial use
>>
>>
>>
>> ü Commercial use
>>
>>
>>
>> ü Commercial use
>>
>> ü Modification
>>
>>
>>
>> ü Modification
>>
>>
>>
>> ü Modification
>>
>> ü Distribution
>>
>>
>>
>> ü Distribution
>>
>>
>>
>> ü Distribution
>>
>> ü Private use
>>
>>
>>
>> ü Private use
>>
>>
>>
>> ü Private use
>>
>> ü Patent license from all code licensors and their affiliates
>>
>>
>>
>>
>> ü Patent license from subsequent contributors and their affiliates
>> and original licensor
>>
>> Limitations
>>
>>
>>
>> û Liability
>>
>>
>>
>> û Liability
>>
>>
>>
>> û Liability
>>
>> û Warranty
>>
>>
>>
>> û Warranty
>>
>>
>>
>> û Warranty
>>
>> û Trademark use
>>
>>
>>
>>
>>
>>
>>
>> û Trademark 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 v2 was drafted by software experts and lawyers from
>> colleges, research institutions, enterprises 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 v2 have the same
>> legal effect. Users can select the appropriate version in their
>> jurisdiction. In the event of conflicts between the Chinese version
>> and English version, the Chinese version shall prevail. Mulan PSL v2
>> 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, comprehensive patent
>> protection, and Chinese (not just English) friendly.
>>
>> * *
>>
>> *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,
>> here is a list of projects licensed under Mulan PSL v1:
>>
>> Projects
>>
>>
>>
>> URL
>>
>> 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**2版 *
>>
>> 2020年1月 http://license.coscl.org.cn/MulanPSL_2_
>>
>>
>>
>> 您对“软件”的复制、使用、修改及分发受木兰宽松许可证，第2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”*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。
>>
>> *“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”下的行为方而言，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。
>>
>> *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，不包括对“贡献”的修改或包含“贡献”的其他结合。如果您或您的“关联实体”直接或间接地，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。
>> *
>>
>> *6. 语言***
>>
>> * **“本许可证”以中英文双语表述，中英文版本具有同等法律效力。如果中英文版本存在任何冲突不一致，以中文版为准。***
>>
>> *条款结束 *
>>
>> * *
>>
>> *如何将木兰宽松许可证，第**2版，应用到您的软件*
>>
>> 如果您希望将木兰宽松许可证，第2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) [Year] [name of copyright holder] [Software Name] is
>> licensed under Mulan PSL v2. You can use this software according to
>> the terms and conditions of the Mulan PSL v2. You may obtain a copy
>> of Mulan PSL v2 at: http://license.coscl.org.cn/MulanPSL2 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 v2 for more details.
>> <http://license.coscl.org.cn/MulanPSL>
>>
>> * *
>>
>> *Mulan Permissive****Software License**，**Version 2 (Mulan PSL v2)*
>>
>> January 2020 http://license.coscl.org.cn/MulanPSL_2_
>>
>>
>>
>> Your reproduction, use, modification and distribution of the Software
>> shall be subject to Mulan PSL v2 (this License) with the following
>> terms and conditions:
>>
>> *0. Definition*
>>
>> *Software*means the program and related documents which are licensed
>> under this License and comprise all Contribution(s).
>>
>> *Contribution *means the copyrightable work licensed by a particular
>> Contributor 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, are controlled by, or are
>> under common control with the acting entity under 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.
>>
>> *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. Thepatent
>> license shall not apply to any modification of the Contribution, and
>> any other combination which includes the Contribution.If you or your
>> Affiliates directly or indirectly 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,whetherin 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.
>>
>> *6. Language*
>>
>> THIS LICENSE IS WRITTEN IN BOTH CHINESE AND ENGLISH, AND THE CHINESE
>> VERSION AND ENGLISH VERSION SHALL HAVE THE SAME LEGAL EFFECT. IN THE
>> CASE OF DIVERGENCE BETWEEN THE CHINESE AND ENGLISH VERSIONS, THE
>> CHINESE VERSION SHALL PREVAIL.
>>
>> *END OF THE TERMS AND CONDITIONS*
>>
>>
>>
>> *How to Apply the Mulan Permissive Software License**，**Version 2
>> (Mulan PSL v2) to Your Software*
>>
>> To apply the Mulan PSL v2 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) [Year] [name of copyright holder] [Software Name] is
>> licensed under Mulan PSL v2. You can use this software according to
>> the terms and conditions of the Mulan PSL v2. You may obtain a copy
>> of Mulan PSL v2 at: http://license.coscl.org.cn/MulanPSL2 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 v2 for more details.
>> <http://license.coscl.org.cn/MulanPSL>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>>
>> *=========================================================================*
>>
>>
>>
>>
>> _______________________________________________
>> 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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