MPL Release Candidate 1- formal request for OSI approval

[Luis Villa]

I'll keep that in mind for the final release, though that may only be a
redirect to the canonical URL as listed in Exhibit A.
On Aug 15, 2011 8:08 AM, "Karl Fogel" <kfogel at red-bean.com> wrote:
> 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move MPL 1.1 into the "superseded" category.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.