Mozilla Public License 2 Alpha 3; request for early review prior to formal submission for approval

[Luis Villa]

On 10/21/10 8:06 AM, Luis Villa wrote:
> Hello, all:
>
> Today we've announced the publication of the third Alpha draft of the
> next version of the Mozilla Public License. We intend this to be the
> last Alpha draft, with a Beta and final release to follow in the near
> future.

Hello, license-review-
We're beginning to finalize Beta 1 of the license. Now would be a very 
good time for anyone with OSI-related concerns to raise them, either 
here, via private communication with me, or on our mailing list at 
http://www.mozilla.org/community/developer-forums.html#governance-mpl-update

Thanks-
Luis

> Text of the License
> ===================
>
> An HTML version is attached, and plain text version follows.
>
> Rationale
> =========
>
> The goal of the new license was to revise, tighten, and update the
> language of MPL 1.1, keeping in mind changes in jurisprudence and
> software development since 1.1 was issued in 1998.
>
> Compare/Contrast
> ================
>
> This is a straightforward revision of MPL 1.1, retaining MPL's
> distinctive "file-level" copyleft. As a result, it is positioned
> similarly to MPL 1.1 in the permissive/copyleft spectrum. Beyond that,
> it is improved over 1.1: among many other changes, it reflects modern
> development practices, should be improved in non-US jurisdictions, and
> is generally shorter and clearer to read.
>
> Legal Analysis
> ==============
>
> Discussions of the changes made in each Alpha, including redlines, are
> available from http://mpl.mozilla.org/participate/alpha These changes
> were made in consultation with Mozilla's legal group and outside
> counsel, but we do not expect to publish a formal legal analysis.
>
> Proposed Category
> =================
>
> We believe the new license should be placed in "Licenses that are
> popular and widely used or with strong communities." Ohloh lists 6,000+
> projects that use MPL 1.1, and we expect many of them will upgrade once
> the license is released. We also expect that some projects that used
> derivatives of the MPL will switch to MPL 2 in future releases.
>
> When MPL 2 is so approved, MPL 1.1 should be moved into the "superseded"
> category.
>
> Earlier Public Discussions
> ==========================
>
> There are no earlier public discussions on OSI lists (submission of
> Alpha 2 to license-discuss created no discussion there) but other public
> discussion is available from the governance-mpl-update mailing list:
> http://www.mozilla.org/about/forums/#governance-mpl-update
>
> Note on Potential Changes Before Formal Submission
> ==================================================
>
> While we may make changes to any part of the license before the formal
> submission, depending on the feedback we receive, we expect that most of
> the license is complete and will not be changed between now and the
> formal submission. The venue and GPL-compatibility clauses, because they
> have substantial impact and have undergone less public review, may be
> more subject to change than others.
>
> Mozilla Public License 2.0, Alpha Draft Three
> =============================================
>
> 1. Definitions.
> ---------------
>
> 1.1. "Contributor"
> means (a) the individual or entity that originally distributes
> Original Software under this License and (b) each subsequent
> individual or entity that creates or contributes to the creation of
> Modifications.
>
> 1.2. "Contributor Version"
> means the combination of (a) the Original Software, (b) previous
> Modifications used by a Contributor (if any), and (c) the
> Modifications made by that particular Contributor.
>
> 1.3. "Covered Software"
> means (a) the Original Software or (b) Modifications, or (c) the
> combination of files containing Original Software with files
> containing Modifications, in each case including portions thereof.
>
> 1.4. "Executable"
> means the Covered Software in any form other than Source Code.
>
> 1.5. "Larger Work"
> means a work that combines Covered Software or portions thereof
> with code not governed by the terms of this License.
>
> 1.6. "License"
> means this document.
>
> 1.7. "Licensable"
> means having the right to grant, to the maximum extent possible,
> whether at the time of the initial grant or subsequently acquired,
> any and all of the rights conveyed herein.
>
> 1.8. "Modifications"
> means the Source Code and Executable form of any of the following:
>
> A. Any file that results from an addition to, deletion from, or
> modification of the contents of a file containing Original Software
> or previous Modifications.
>
> B. Any new file that contains any part of the Original Software or
> previous Modifications.
>
> 1.9. "Original Software"
> means the Source Code and Executable form that is originally
> released under this License.
>
> 1.10. "Patent Claims" of a Contributor
> means any patent claim(s), now owned or hereafter acquired,
> including without limitation, method, process, and apparatus
> claims, in any patent Licensable by such Contributor which would be
> infringed, but for the grant of the License, by the making, using,
> or selling of such Contributor's Original Software or such
> Contributor's Modifications, either alone or in combination with
> its Contributor Version (or portions of such combination).
>
> 1.11. "Source Code"
> means the preferred form of the computer software code in which
> modifications are made.
>
> 1.12. "You" (or "Your")
> means an individual or a legal entity exercising rights under this
> License. For legal entities, "You" includes any entity which
> controls, is controlled by, or is under common control with You.
> For purposes of this definition, "control" means (a) the power,
> direct or indirect, to cause the direction or management of such
> entity, whether by contract or otherwise, or (b) ownership of more
> than fifty percent (50%) of the outstanding shares or beneficial
> ownership of such entity.
>
>
> 2. License Grants and Conditions.
> ---------------------------------
>
> 2.1. Each Contributor hereby grants You a world-wide, royalty-free,
> non-exclusive license:
>
> (a) under intellectual property rights (other than patent or
> trademark) Licensable by such Contributor, including but not
> limited to the rights to use, reproduce, make available, modify,
> display, perform and distribute such Contributor's Original
> Software (or portions thereof) and/or such Contributor's
> Modifications (or portions thereof), either on an unmodified basis,
> with other Modifications or as part of a Larger Work; and
>
> (b) under Patent Claims of such Contributor to make, use, sell,
> offer for sale, have made, import, and/or otherwise dispose of (1)
> in the case of the initial Contributor, initial Contributor's
> Original Software (or portions thereof); (2) such Contributor's
> Modifications (or portions thereof); and (3) the combination of
> such Contributor's Modifications with its Contributor Version (or
> portions of such combination).
>
> (c) Notwithstanding Section 2.1(b) above, no patent license is
> granted by a Contributor: (1) for any code that You or a
> Contributor has deleted from Covered Software; (2) for
> infringements caused by: (i) Your and any other third party's
> modifications of the Covered Software, or (ii) the combination of
> such Contributor's Covered Software with other software (except as
> part of its Contributor Version) or other devices; or (3) under
> Patent Claims infringed by Covered Software in the absence of such
> Contributor's Modifications or such Contributor's Original
> Software.
>
> (d) The licenses granted under 2.1(a) and 2.1(b) are not effective
> until the date the Contributor first distributes Contributor's
> Original Software or Contributor's Modifications to a third
> party.
>
>
> 2.2. Each Contributor represents that the Contributor believes its
> Modifications are its original creation(s) or it has sufficient
> rights to grant the rights to its Modifications conveyed by this
> License.
>
> 2.3. The licenses granted in this Section are the only rights
> granted under this License. No additional rights or licenses will
> be implied from the distribution or licensing of Covered Software
> under this License. No Contributor makes additional grants as a
> result of Your choice to distribute the Covered Software under a
> subsequent version of this License (see Section 10.2) or under the
> terms of a Secondary License (see Section 11). This License does
> not grant any rights in the trademarks, service marks, or logos of
> any Contributor (except as may be necessary to comply with the
> notice requirements in Section 3.3). This Section is not intended
> to limit any rights You have under applicable doctrines of
> copyright fair use.
>
> 2.4. Sections 3.1, 3.2, 3.3, and 3.4 are conditions of the licenses
> granted in Section 2.1.
>
> 3. Responsibilities.
> --------------------
>
> 3.1. Distribution of Source Form.
>
> All distribution of Covered Software in Source Code form, including
> any Modifications that You create or to which You contribute, must
> be under the terms of this License. You must inform recipients that
> the Covered Software is governed by the terms of this License, and
> how they can obtain a copy of this License. You may not attempt to
> alter or restrict the recipient's rights in the Source Code form.
>
> 3.2. Distribution of Executable Form.
>
> If You distribute Covered Software in Executable form then:
>
> (a) such Covered Software must also be made available in Source
> Code form, as described in Section 3.1, and You must inform
> recipients how they can obtain a copy of such Covered Software by
> reasonable means, at no more than a nominal charge;
>
> (b) You may distribute such Executable form under the terms of this
> License, or sublicense it under different terms, provided that the
> license for the Executable form does not attempt to limit or alter
> the recipient's rights in the Source Code form under this License;
>
> (c) You may create a Larger Work by combining Covered Software with
> other code not governed by the terms of this License and distribute
> the Larger Work. In such a case, You must make sure the
> requirements of this License are fulfilled for the Covered
> Software.
>
>
> 3.3. Notices.
>
> You may not remove or alter any copyright, patent, disclaimers of
> warranty, limitations of liability, or other license notices
> contained within the Source Code form of the Covered Software,
> except to the extent required to remedy known factual
> inaccuracies.
>
> 3.4. Application of Additional Terms.
>
> You may choose to offer, and to charge a fee for, warranty,
> support, indemnity or liability obligations to one or more
> recipients of Covered Software. However, You may do so only on Your
> own behalf, and not on behalf of any Contributor. You must make it
> absolutely clear that any such warranty, support, indemnity, or
> liability obligation is offered by You alone, and You hereby agree
> to indemnify every Contributor for any liability incurred by such
> Contributor as a result of warranty, support, indemnity or
> liability terms You offer. You may include additional disclaimers
> of warranty and limitations of liability specific to any
> jurisdiction.
>
> 4. Inability to Comply Due to Statute or Regulation.
> ----------------------------------------------------
>
> If it is impossible for You to comply with any of the terms of this
> License with respect to some or all of the Covered Software due to
> statute, judicial order, or regulation then You must: (a) comply
> with the terms of this License to the maximum extent possible; and
> (b) describe the limitations and the code they affect. Such
> description must be placed in a text file included with all
> distributions of the Covered Software under this license. Except to
> the extent prohibited by statute or regulation, such description
> must be sufficiently detailed for a recipient of ordinary skill to
> be able to understand it.
>
> 5. Application of this License.
> -------------------------------
>
> This License applies to code to which the initial Contributor has
> attached the notice in Exhibit A and to related Covered Software.
>
> 6. Termination.
> ---------------
>
> 6.1. The rights granted hereunder will terminate automatically if
> You fail to comply with terms herein. However, if You come back
> into compliance, then the rights granted hereunder from a
> particular Contributor are reinstated (a) provisionally, unless and
> until such Contributor explicitly and finally terminates Your
> grants, and (b) on an ongoing basis, if such Contributor fails to
> notify You of the non-compliance by some reasonable means prior to
> 60 days after You have come back into compliance. Moreover, Your
> grants from a particular Contributor are reinstated on an ongoing
> basis if such Contributor notifies You of the non-compliance by
> some reasonable means, this is the first time You have received
> notice of non-compliance of this License from such Contributor, and
> You become compliant prior to 30 days after Your receipt of the
> notice.
>
> 6.2. If You initiate litigation against any entity by asserting a
> patent infringement claim (excluding declaratory judgment actions)
> alleging that a Contributor Version directly or indirectly
> infringes any patent, then any and all rights granted to You under
> Section 2.1 of this License for any and all Contributor Versions
> shall terminate.
>
> 6.3. In the event of termination under Sections 6.1 or 6.2 above,
> all end user license agreements (excluding distributors and
> resellers) which have been validly granted by You or any
> distributor hereunder prior to termination shall survive
> termination.
>
> 7. Disclaimer of Warranty.
> --------------------------
>
> COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS"
> BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
> INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE
> IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR
> NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE
> OF THE COVERED SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE
> PROVE DEFECTIVE IN ANY RESPECT, YOU (NOT ANY CONTRIBUTOR) ASSUME
> THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS
> DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS
> LICENSE. NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER
> EXCEPT UNDER THIS DISCLAIMER.
>
> 8. Limitation of Liability.
> ---------------------------
>
> UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT
> (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, ANY
> CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED SOFTWARE, OR ANY
> SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY
> DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
> ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
> PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
> MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES,
> EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF
> SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
> LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S
> NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
> SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
> INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND
> LIMITATION MAY NOT APPLY TO YOU.
>
> 9. Miscellaneous.
> -----------------
>
> This License represents the complete agreement concerning subject
> matter hereof. If any provision of this License is held to be
> unenforceable, such provision shall be reformed only to the extent
> necessary to make it enforceable. Any litigation relating to this
> License, where one or more parties to the litigation are
> Contributors, may be brought only in the courts of a jurisdiction
> wherein a Contributor who is party to the litigation resides or in
> which a Contributor who is party to the litigation conducts its
> primary business, and under the laws of that jurisdiction excluding
> its conflict-of-law provisions. As an exception to the previous
> requirement, if litigation is initiated by a Contributor, the
> Contributor may choose to bring the litigation in the courts of the
> other party's jurisdiction. The losing party will be responsible
> for costs, including without limitation, court costs and reasonable
> attorneys' fees and expenses. Any law or regulation which provides
> that the language of a contract shall be construed against the
> drafter shall not apply to this License.
>
> 10. Versions of the License.
> ----------------------------
>
> 10.1. New Versions.
>
> Mozilla Foundation is the license steward. Except as provided in
> Section 10.3, no one other than the license steward has the right
> to modify or publish new versions of this License. Each version
> will be given a distinguishing version number.
>
> 10.2. Effect of New Versions.
>
> You may continue to distribute the Covered Software under the terms
> of the version of the License under which You originally received
> the Covered Software. You may also choose to distribute the Covered
> Software under the terms of any subsequent version of the License
> published by the license steward.
>
> 10.3. Modified Versions.
>
> When You are an initial Contributor and You want to create a new
> license for Your Original Software, You may create and use a
> modified version of this License if You rename the license and
> remove any references to the name of the license steward (except to
> note that such modified license differs from this License).
>
> 11. Compatibility with Secondary Licenses.
> ------------------------------------------
>
> 11.1. "Secondary License" means either the GNU General Public
> License, Version 2.0 or later, or the GNU Lesser General Public
> License, Version 2.1 or later.
>
> 11.2. The initial Contributor may designate Covered Software as
> "Compatible Software" by adding the notice described in Exhibit A
> to that Covered Software.
>
> 11.3. Notwithstanding the requirements of Section 3.1, if You
> create a Larger Work by combining Compatible Software with a work
> governed by a Secondary License, You may also distribute the Larger
> Work under the terms of the Secondary License.
>
> EXHIBIT A- Mozilla Public License.
> ----------------------------------
>
> This file is subject to the terms of the Mozilla Public License
> version 2.0 (the "License"). You can obtain a copy of the License
> at http://mozilla.org/MPL/2.0/.
>
> You may add additional accurate notices of copyright ownership.
>
> If You are the initial Contributor, and wish to take advantage of
> Section 11 of this License, You may add the following text to the
> notice:
>
> Pursuant to Section 11, this file may be distributed as part of a
> Larger Work licensed under the GPL or LGPL.
>
>


-- 
Luis Villa, Mozilla Legal
work email: lvilla at mozilla.com (preferred)
work phone: 650-903-0800 x327
personal: http://tieguy.org/about/