InfoWorld: Pentaho opens up further (Exhibit B to real MPL)

Wed Jan 31 07:47:28 UTC 2007

Our intention was to include attribution in Exhibit B under a different
name since we understand that we cannot use Mozilla for modified
versions. Socialtext is also interested in including an Affero
provision.

________________________________

	From: Mitchell Baker [mailto:mitchell at mozilla.com] 
	Sent: Tuesday, January 30, 2007 5:24 PM
	To: Radcliffe, Mark
	Cc: David Woolley; license-discuss at opensource.org
	Subject: Re: InfoWorld: Pentaho opens up further (Exhibit B to
real MPL)

	Hi Mark

	A helpful summary, thanks!
	One question:  below you say:  

	We
	are revising the attribution provision and Socialtext will be
submitting
	it as part of the MPL.
	By "as part of the MPL" do you mean you will submit a new
license which is the MPL plus an attribution clause under a different
name?  Or do you mean you will submit a revised attribution clause for
use with the MPL?  

	If the latter, sounds great.  If the former, that seems less
than ideal, as it creates another license.  If there is a general
attribution clause that is OSI compliant when used with or as part of
the MPL, then I'm certainly open to making it an opt-in part of the MPL.
The former solution is probably quicker, and might preceed the latter in
any case. 

	Mitchell

	Radcliffe, Mark wrote: 

		Since I assisted Ross with the submission to OSI, I
think the list
		should be aware that the submission was meant to get an
attribution
		provision approved that would work in a variety of
circumstances to
		avoid numerous licenses with slightly different
"attribution"
		provisions. Our goal was to get a standard approach
rather than having
		each company submit a different version of attribution
(please note that
		the SugarCRM attribution provision varies from Zimbra
attribution
		provision). Since virtually all OSI approved licenses do
not permit
		modifications, we thought that the number of licenses
that would be
		effected would be small and this approach was the best
for the industry.
		Clearly based on the comments, this approach does not
have support. We
		are revising the attribution provision and Socialtext
will be submitting
		it as part of the MPL.

		The submission will include significant additional
changes to
		attribution provision to reflect the other concerns
expressed on the
		list. The summary on buni.org was particularly helpful
in focusing us on
		the problems with GAP and we want to thank those who
contributed to it.

		The reason that neither Socialtext nor the other
companies have adopted
		the draft attribution provision is that they do not want
to repeatedly
		change their license. It creates both legal and
practical problems if
		you only use a license for a couple of months. If the
license is
		approved by OSI, they will have a strong incentive to
adopt it. It will
		also avoid increasing the problem of license
proliferation. 

		We expect to submit the new version next week. I have
asked the OSI
		Board to delay a review of the GAP since it is no longer
being
		considered by Socialtext.

		I think that it might be useful to correct some mistakes
about my role
		in OSI and attribution:

		1. I advised SugarCRM on its attribution provision which
was released in
		October 2004. This date was prior to my consideration to
be General
		Counsel of the OSI. I first applied to be General
Counsel in December,
		2004 and was appointed in January 2005.

		2. I am not an officer of OSI and OSI has never taken a
position on
		attribution so it is incorrect to suggest that my advice
on attribution
		is inconsistent with OSI's position. In particular, the
AAL had already
		been adopted before I became the General Counsel so OSI
had already
		approved an attribution based license. I have been very
open with the
		Board from the beginning about my role in developing
attribution and my
		belief that it is consistent with the OSD.

		3. The services I provide to OSI and my work as Chair of
Committee C
		reviewing the GPLv3 are provided pro bono. In other
words, for free. In
		fact, my law firm has provided over $100,000 in legal
services at no
		charge  to the open source community through our work
with the OSI and
		the FSF.

		-----Original Message-----
		From: David Woolley [mailto:david at djwhome.demon.co.uk] 
		Sent: Tuesday, January 30, 2007 1:18 PM
		To: license-discuss at opensource.org
		Subject: Re: InfoWorld: Pentaho opens up further
(Exhibit B to real MPL)

			2.  It's OSI that is being slow on the
attribution debate, not the
			companies.  A license has been submitted.  The
ball is in OSI's court.

		As

		No licence has been validly submitted.  Either it wasn't
announced on
		this
		mailing list, or you are referring to the out of context
clauses

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