MPL Release Candidate 1- formal request for OSI approval

[Karl Fogel]

Luis Villa <luis at tieguy.org> writes:
>http://mpl.mozilla.org/wp-content/uploads/2011/08/MPL-RC1.txt

By the way, may I suggest a URL of

  http://mpl.mozilla.org/wp-content/uploads/2011/08/MPL-2.0-RC1.txt

?  The SPDX short-form name for this license is clearly going to be
"MPL-2.0", and it makes things easier for everyone if references to it
use that form, I think.

Trying to be the good kind of kibbitzer :-),
-Karl

>With this email, we formally submit the RC for OSI Approval as a
>"popular or widely used" license. We also formally request that OSI
>move MPL 1.1 into the "superseded" category.
>
>Please let me know if you have any questions; feedback and commentary
>can be on this list, through private email to me, or to our public
>list (linked to below.)
>
>Thanks in advance for your interest and feedback-
>Luis, on behalf of the MPL team
>
>Text of the License
>===================
>
>An HTML version is attached, and plain text version follows at the end
>of this email.
>
>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 revision, including redlines,
>are available from http://mpl.mozilla.org/participate/rc 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"superseded" category.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
>==========================
>
>Earlier public discussions of various betas are here:
>
>http://www.crynwr.com/cgi-bin/ezmlm-cgi?17:mss:1253:hmegfolplfgiidkhjdoa
>http://www.crynwr.com/cgi-bin/ezmlm-cgi?17:mss:1253:hmegfolplfgiidkhjdoa
>
>as well as on the MPL discussion list:
>http://www.mozilla.org/about/forums/#governance-mpl-update
>
>These appeared to be generally positive, with no objections as to the
>draft's OSI compliance and several commenters stating that they
>believed it was OSI-compliant.
>
>Note on Potential Changes Before Formal Submission
>==================================================
>
>We have submitted the Release Candidate in the anticipation that no
>changes will be made to the license before the final version is
>released. However, as a result of feedback from this group or others,
>we may have to make such changes. In that case, I will endeavor to
>notify this group promptly of any changes so that they can be taken
>into account.
>
>Mozilla Public License Version 2.0, Release Candidate 1
>=======================================================
>
>1. Definitions.
>---------------
>
>1.1. "Contributor"
>    means each individual or entity that creates, contributes to the
>    creation of, or owns Covered Software.
>
>1.2. "Contributor Version"
>    means the combination of the Contributions of others (if any) used
>    by a Contributor and that particular Contributor's Contribution.
>
>1.3. "Contribution"
>    means Covered Software of a particular Contributor.
>
>1.4. "Covered Software"
>    means Source Code Form to which the initial Contributor has attached
>    the notice in Exhibit A, the Executable Form of such Source Code
>    Form, and Modifications of such Source Code Form, in each case
>    including portions thereof.
>
>1.5. "Incompatible Software"
>    means Covered Software
>
>    (a) to which the initial Contributor has attached the notice
>        described in Exhibit B; or
>
>    (b) which was made available under the terms of version 1.1 or
>        earlier of the License, but not also under the terms of a
>        Secondary License.
>
>1.6. "Executable Form"
>    means any form of the work other than Source Code Form.
>
>1.7. "Larger Work"
>    means a work that combines Covered Software with code in a separate
>    file or files not governed by the terms of this License.
>
>1.8. "License"
>    means this document.
>
>1.9. "Licensable"
>    means having the right to grant, to the maximum extent possible,
>    whether at the time of the initial grant or subsequently, any and
>    all of the rights conveyed by this License.
>
>1.10. "Modifications"
>    means any of the following:
>
>    (a) any file in Source Code Form that results from an addition to,
>        deletion from, or modification of the contents of Covered
>        Software; or
>
>    (b) any new file in Source Code Form that contains any Covered
>        Software.
>
>1.11. "Patent Claims" of a Contributor
>    means any patent claim(s), including without limitation, method,
>    process, and apparatus claims, in any patent Licensable by such
>    Contributor that would be infringed, but for the grant of the
>    License, by the making, using, selling, offering for sale, having
>    made, import, or transfer of its Contributions or its Contributor
>    Version.
>
>1.12. "Secondary License"
>    means either the GNU General Public License, Version 2.0 or later,
>    the GNU Lesser General Public License, Version 2.1 or later, or the
>    GNU Affero General Public License, Version 3.0 or later.
>
>1.13. "Source Code Form"
>    means the form of the work preferred for making modifications.
>
>1.14. "You" (or "Your")
>    means an individual or a legal entity exercising rights under this
>    License. For legal entities, "You" includes any entity that
>    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. Grants.
>
>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 to use, reproduce, make available,
>    modify, display, perform, distribute, and otherwise exploit its
>    Contributions, either on an unmodified basis, with 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 otherwise transfer its
>    Contributions or its Contributor Version.
>
>2.2. Effective Date.
>
>The licenses granted in Section 2.1 with respect to any Contribution
>become effective for each Contribution on the date the Contributor first
>distributes such Contribution.
>
>2.3. Limitations on Grant Scope.
>
>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.
>Notwithstanding Section 2.1(b) above, no patent license is granted by a
>Contributor: (1) for any code that a Contributor has removed from
>Covered Software; (2) for infringements caused by: (i) Your and any
>other third party's modifications of Covered Software, or (ii) the
>combination of its Contributions with other software (except as part of
>its Contributor Version); or (3) under Patent Claims infringed by
>Covered Software in the absence of its Contributions. 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 3.4).
>
>2.4. Subsequent Licenses.
>
>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 (if
>permitted under the terms of Section 3.3).
>
>2.5. Representation.
>
>Each Contributor represents that the Contributor believes its
>Contributions are its original creation(s) or it has sufficient rights
>to grant the rights to its Contributions conveyed by this License.
>
>2.6. Fair Use.
>
>This License is not intended to limit any rights You have under
>applicable copyright doctrines of fair use, fair dealing, or other
>equivalents.
>
>2.7. Conditions.
>
>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 Source
>Code Form of 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 recipients' 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 of
>    the Executable Form how they can obtain a copy of such Source Code
>    Form by reasonable means in a timely manner, at no more than a
>    nominal charge; and
>
>(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 recipients' rights in the Source Code Form under this License.
>
>3.3. Distribution of a Larger Work.
>
>You may create and distribute a Larger Work under terms of Your choice,
>provided that You also comply with the requirements of this License for
>the Covered Software. If the Larger Work is a combination of Covered
>Software with a work governed by a Secondary License, and the Covered
>Software is not Incompatible Software, You may additionally distribute
>such Covered Software under the terms of that Secondary License, so that
>the recipient of the Larger Work may, at their option, further
>distribute the Covered Software under the terms of either this License
>or that Secondary License.
>
>3.4. Notices.
>
>You may not remove or alter any license notices (including copyright
>notices, patent notices, disclaimers of warranty, or limitations of
>liability) contained within the Source Code Form of the Covered
>Software, except to the extent required to remedy known factual
>inaccuracies.
>
>3.5. 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. Termination.
>---------------
>
>5.1. The rights granted under this License will terminate automatically
>if You fail to comply with any of its terms. However, if You come back
>into compliance, then the rights granted under this License 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 with this License
>from such Contributor, and You become compliant prior to 30 days after
>Your receipt of the notice.
>
>5.2. If You initiate litigation against any entity by asserting a patent
>infringement claim (excluding declaratory judgment actions,
>counter-claims, and cross-claims) alleging that a Contributor Version
>directly or indirectly infringes any patent, then the rights granted to
>You by any and all Contributors for the Covered Software under Section
>2.1 of this License shall terminate.
>
>5.3. In the event of termination under Sections 5.1 or 5.2 above, all
>end user license agreements (excluding distributors and resellers) which
>have been validly granted by You or Your distributors under this License
>prior to termination shall survive termination.
>
>6. Disclaimer of Warranty.
>--------------------------
>
>Covered Software is provided under this License on an "as is" basis,
>without warranty of any kind, either expressed, implied, or statutory,
>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 under this License except under this
>disclaimer.
>
>7. 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.
>
>8. Litigation.
>--------------
>
>Any litigation relating to this License may be brought only in the
>courts of a jurisdiction where the defendant maintains its principal
>place of business and such litigation shall be governed by laws of that
>jurisdiction, without reference to its conflict-of-law provisions.
>Nothing in this Section shall prevent a party's ability to bring
>cross-claims or counter-claims.
>
>9. Miscellaneous.
>-----------------
>
>This License represents the complete agreement concerning the 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 law or regulation which provides
>that the language of a contract shall be construed against the drafter
>shall not be used to construe this License against a Contributor.
>
>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 distribute the Covered Software under the terms of the version
>of the License under which You originally received the Covered Software,
>or under the terms of any subsequent version published by the license
>steward.
>
>10.3. Modified Versions.
>
>If you create software not governed by this License, and you want to
>create a new license for such 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).
>
>10.4. Distributing Incompatible Software.
>
>If You choose to distribute Incompatible Software under the terms of
>this version of the License, the notice described in Exhibit B of this
>License must be attached.
>
>Exhibit A- Source Code Form License Notice.
>-------------------------------------------
>
>  This Source Code Form 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/.
>
>If it is not possible or desirable to put the notice in a particular
>file, then You may include the notice in a location (such as a LICENSE
>file in a relevant directory) where a recipient would be likely to look
>for such a notice.
>
>You may add additional accurate notices of copyright ownership.
>
>Exhibit B- Incompatible Software Notice.
>----------------------------------------
>
>  This Source Code Form is Incompatible Software as defined by the
>  License.