[License-review] 回复:Re: [license review] Mulan PSL V1
Pamela Chestek
pamela at chesteklegal.com
Thu Mar 5 00:06:04 UTC 2020
It will be listed, we're just a bit behind in getting the new licenses
added.
Pam
Pamela S. Chestek
Chestek Legal
PO Box 2492
Raleigh, NC 27602
919-800-8033
pamela at chesteklegal.com
www.chesteklegal.com
On 3/4/2020 6:39 PM, 刘天栋 wrote:
> Hi,
>
> I wonder when the Mulan PSL v2 will be visible
> on https://opensource.org/licenses/alphabetical? Is there any
> additional steps to get listed?
>
> ----------
> Ted Liu
>
> --------------原始邮件--------------
> 发件人:"Pamela Chestek "<pamela at chesteklegal.com>;
> 发送时间:2020年2月16日(星期天) 凌晨0:40
> 收件人:"License submissions for OSI review"
> <license-review at lists.opensource.org>;
> 抄送:"OSI Board of Directors "<board at lists.opensource.org>;
> 主题:Re: [License-review] [license review] Mulan PSL V1
> -----------------------------------
> Thanks McCoy!
>
> Pam
>
> ------------------------------------------------------------------------
> *From:* License-review <license-review-bounces at lists.opensource.org>
> on behalf of McCoy Smith <mccoy at lexpan.law>
> *Sent:* Saturday, February 15, 2020 8:19:40 AM
> *To:* License submissions for OSI review
> <license-review at lists.opensource.org>
> *Cc:* OSI Board of Directors <board at lists.opensource.org>
> *Subject:* Re: [License-review] [license review] Mulan PSL V1
>
> That categorization was defined by the old License Proliferation
> Committee:
>
> “ Licenses that are popular and widely used or with strong communities
> We used statistics obtained from public sources to determine which
> licenses are widely used. We believed that there were a few
> licenses that, while not the most popular, were widely used within
> their communities and that these also belonged in this group.”
>
> https://opensource.org/proliferation-report
>
> Note also that duplicativeness is part of the assessment of
> categorization, which might be relevant given that Mulan (IIRC) is
> substantially modeled after Apache.
>
>> On Feb 15, 2020, at 6:48 AM, Pamela Chestek
>> <pamela.chestek at opensource.org> wrote:
>>
>>
>>
>> That's a good question and one I don't have the answer to. I
>> would define the category as licenses that are used by thousands
>> of projects and one that everyone knows, as we all use "GPL,"
>> "MIT," and "Apache" understanding that everyone will know what
>> we're talking about. I can imagine that this would be true of the
>> Mulan at some point. I would write to this list at that point and
>> ask for a reclassification.
>>
>> Pam
>>
>> Chair, License Committee
>> Open Source Initiative
>>
>> On 2/15/20 8:37 AM, zhou minghui wrote:
>>>
>>> That's great news!
>>>
>>> Thank you all for the feedback that helps to improve Mulan, and
>>> thank you for approving Mulan PSL as an OSI approved license! I
>>> believe there will be substantial contributions from China to
>>> the OSS world in the near future.
>>>
>>> Please let me know if there is any further recommendations
>>> regarding the use of this license.
>>>
>>> BTW, after Mulan PSL is "Popular and Widely Used or With Strong
>>> Communities", should I apply for switching it from
>>> “International” category to “Popular and Widely Used or With
>>> Strong Communities” category?
>>>
>>> Minghui ZHOU
>>>
>>> Peking University
>>>
>>> On 2/15/20 1:40 AM, Pamela Chestek wrote:
>>>> 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
>>>>> <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
>>>>> <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:
>>>>>> @font-face {font-family:宋体} @font-face {font-family:"Cambria
>>>>>> Math"} @font-face {font-family:等线} @font-face
>>>>>> {font-family:Calibri} @font-face {font-family:仿宋} @font-face
>>>>>> {font-family:Consolas} @font-face {font-family:"Arial Nova
>>>>>> Light"} p.x_MsoNormal, li.x_MsoNormal,
>>>>>> div.x_MsoNormal{margin:0cm; margin-bottom:.0001pt;
>>>>>> font-size:12.0pt; font-family:"Times New Roman",serif;
>>>>>> color:black} p.x_MsoListParagraph, li.x_MsoListParagraph,
>>>>>> div.x_MsoListParagraph{margin-top:0cm; margin-right:0cm;
>>>>>> margin-bottom:0cm; margin-left:36.0pt; margin-bottom:.0001pt;
>>>>>> text-align:justify; text-justify:inter-ideograph;
>>>>>> font-size:10.5pt; font-family:等线}
>>>>>> p.x_MsoListParagraphCxSpFirst,
>>>>>> li.x_MsoListParagraphCxSpFirst,
>>>>>> div.x_MsoListParagraphCxSpFirst{margin-top:0cm;
>>>>>> margin-right:0cm; margin-bottom:0cm; margin-left:36.0pt;
>>>>>> margin-bottom:.0001pt; text-align:justify;
>>>>>> text-justify:inter-ideograph; font-size:10.5pt;
>>>>>> font-family:等线} p.x_MsoListParagraphCxSpMiddle,
>>>>>> li.x_MsoListParagraphCxSpMiddle,
>>>>>> div.x_MsoListParagraphCxSpMiddle{margin-top:0cm;
>>>>>> margin-right:0cm; margin-bottom:0cm; margin-left:36.0pt;
>>>>>> margin-bottom:.0001pt; text-align:justify;
>>>>>> text-justify:inter-ideograph; font-size:10.5pt;
>>>>>> font-family:等线} p.x_MsoListParagraphCxSpLast,
>>>>>> li.x_MsoListParagraphCxSpLast,
>>>>>> div.x_MsoListParagraphCxSpLast{margin-top:0cm;
>>>>>> margin-right:0cm; margin-bottom:0cm; margin-left:36.0pt;
>>>>>> margin-bottom:.0001pt; text-align:justify;
>>>>>> text-justify:inter-ideograph; font-size:10.5pt;
>>>>>> font-family:等线} span.x_HTML {font-family:Consolas;
>>>>>> color:black} p.x_msonormal0, li.x_msonormal0,
>>>>>> div.x_msonormal0{margin-right:0cm; margin-left:0cm;
>>>>>> font-size:12.0pt; font-family:"Times New Roman",serif;
>>>>>> color:black} span.x_HTMLPreformattedChar
>>>>>> {font-family:Consolas; color:black} p.x_HTMLPreformatted,
>>>>>> li.x_HTMLPreformatted, div.x_HTMLPreformatted{margin:0cm;
>>>>>> margin-bottom:.0001pt; font-size:12.0pt; font-family:"Times
>>>>>> New Roman",serif; color:black} span.x_EmailStyle23
>>>>>> {font-family:等线; color:#1F497D} span.x_EmailStyle24
>>>>>> {font-family:"Calibri",sans-serif; color:windowtext}
>>>>>> span.x_EmailStyle25 {font-family:"Calibri",sans-serif;
>>>>>> color:windowtext} span.x_EmailStyle26 {font-family:等线;
>>>>>> color:#1F497D} .x_MsoChpDefault {font-size:10.0pt} @page
>>>>>> WordSection1 {margin:72.0pt 90.0pt 72.0pt 90.0pt} --> } }
>>>>>>
>>>>>> 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> <mailto: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��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。
>>>>>>
>>>>>> <image006.png>
>>>>>> <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.
>>>>>>
>>>>>> <image008.png>
>>>>>> <http://license.coscl.org.cn/MulanPSL>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> *=========================================================================*
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> _______________________________________________
>>>>>> License-review mailing list
>>>>>> License-review at lists.opensource.org <mailto:License-review at lists.opensource.org>
>>>>>> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>>>>
>>>>
>>>> _______________________________________________
>>>> License-review mailing list
>>>> License-review at lists.opensource.org <mailto:License-review at lists.opensource.org>
>>>> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
>> _______________________________________________
>> 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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