Which list? (was Re: MPL Release Candidate 1- formal request for OSI approval)

[Karl Fogel]

Luis Villa <luis at tieguy.org> writes:
>I sent it to this list, and not discuss, because the formal procedure
>for approval specifies this list (at least, last I checked, which was
>admittedly when I submitted B1 - some time ago now.) 
>
>In addition, it was my understanding that the entire reason for
>splitting this list from the main discuss list was so that people who
>wanted to participate in formal approval could do so without signing
>up for the poor signal-to-noise ratio of the main discuss list. (The
>descriptions of the two lists on the main osi mailing list page would
>seem to confirm that recollection.) For that reason, I would be happy
>to send a note to discuss announcing that this discussion is taking
>place here, but would prefer not to move the discussion as a whole to
>that list.

Thanks for the historical background -- that helps.  I heard similar
sentiments from Andy Oliver, too.

So let's keep it here, just on license-review at .  People who really care
about the approval process ought to be here anyway.

In future followups, I'll take board@ off, until a result is ready
(which hopefully will be soon).

-Karl

>On Aug 15, 2011 8:35 AM, "Andrew Oliver" <acoliver at gmail.com> wrote:
>> It should be there exclusively.
>> 
>> On Mon, Aug 15, 2011 at 10:54 AM, Karl Fogel <kfogel at red-bean.com>
>wrote:
>>> Luis Villa <luis at tieguy.org> writes:
>>>>Today, I'm happy to announce the release of MPL 2 Release Candidate
>1
>>>>- the text that Mozilla hopes will become MPL 2.0 and serve the
>open
>>>>source community well for the next decade (or three). The plain
>text
>>>>of the license is here:
>>>>
>>>>http://mpl.mozilla.org/wp-content/uploads/2011/08/MPL-RC1.txt
>>>>
>>>>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move MPL 1.1 into the "superseded" category.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
>>>
>>> Thanks, Luis!  I'll start looking at the text as soon as I can, and
>ask
>>> that others here do as well, so that if there are any concerns they
>can
>>> be raised as early as possible.
>>>
>>> Question for those who have done this before:
>>>
>>> Is it normal to loop in License Discuss
><license-discuss at opensource.org>
>>> at this point?  I would think that would be good, but if we
>>> traditionally keep review discussions on -review, then I'm happy to
>bow
>>> to tradition.  Just let me know.
>>>
>>> -Karl
>>>
>>>>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.
>>>