Implementing an Open Source License

Mahesh T. Pai paivakil at yahoo.co.in
Sun Oct 19 05:39:40 UTC 2003


Randy Pearson said on Sat, Oct 18, 2003 at 01:55:05PM -0400,:

 >   a) simply state that the product is covered under the MPL license and
 > provide a hyperlink to mozilla.org; 
 >   b) provide a verbatim copy the full MPL 1.1 license text; or

You need  to do both.  But,  no need to provide  links to mozilla.org;
just include the full text of the license. The exhibit itself contains
a reference to mozilla.org; leave it alone.
 
 > 3. In  the distribution package,  in addition  to the  source code,
 > should we provide an actual license  file with the full text, or is
 > the reference from the Exhibit A text sufficient.

Full text of the license is absolutely required.  The full text of the
license  _should_   be  distributed  along  with   the  sources  _and_
binaries. If this  is a GUI based application, it will  be a good idea
if there  is a button  which will display  the entire license  text. A
scheme something like "help> about > license" will do.

Mozilla, the application itself does not do it; it simply installs the
license text someplace in your hard drive.

 > 4. Most importantly,  what act or acts comprise  the legal creation
 > of the open source license? For example, if we do nothing more than
 > put up a web page stating  the product is hereby licensed under the
 > MPL, and make source files (with Exhibit A) available for download,
 > have we done all that is required?

Hmm. Almost everything. If the license text is distributed along with
the applciation, then you have done absolutely everything.

 > 5. Related:  Does it  matter "who"  does this?  Say  some developer
 > without management  approval posted some  code as OS, and  then the
 > company, upon discovery, withdrew the license. What would the legal
 > status be?

Really,  that is an  issue of  corporate management  and not  for this
list. The  burden is upon the  company to show that  the developer did
not have management approval. It  will be difficult for the company to
proceed against innocent third parties  who had no knowledge about the
internal structure and line of authority of the company.

 > 6. Is  there a  way to  officially register  your product  as being
 > licensed as OS (such as with an external agency or clearinghouse)?

That depends on domestic law. Which country are you in?

Generally  speaking,  all countries  have  provisions for  registering
copyrights. Non registeration is typically inconsequential, unless you
are in the  US, where you might be percluded  from claiming damages in
an action for infringement. 

-- 
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  Mahesh T. Pai, LL.M.,                   
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