[License-review] Submission for review of Mulan Public License,Version 2
McCoy Smith
mccoy at lexpan.law
Wed Jan 22 15:57:53 UTC 2025
On 1/19/2025 5:53 PM, Pamela Chestek wrote:
>
>
> The English language version of the license is problematic and I am
> hoping that it is a translation issue, not a problem with the license
> in its original language. One problem is that it does not grant all
> the rights necessary in copyright. Specifically it states the grant is
> "to reproduce, use, modify, or Distribute" the software. However,
> under US law these are not all the rights of the copyright author,
> which include the right to publicly display and the right to publicly
> perform.* Under US law this license would be construed as withholding
> the rights of display and performance and therefore would not be an
> open source license.
>
> ***
>
> *Because licenses are now used internationally, a better practice for
> open source licenses is to grant a license to all copyright rights
> without enumerating them, to ensure that the grant is complete in all
> jurisdictions.
>
If new licenses ought to include the full panoply of copyright rights,
and are to conform to international standards, shouldn't they instead
use the full Berne formulation of copyright rights rather than the US
formulation? In many cases they are articulated the same, or very
similarly, but in others there are distinct differences.
>
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