MPL Beta 2 released- please continue informal review
Luis Villa
luis at tieguy.org
Tue Mar 29 13:40:43 UTC 2011
Hi, all-
The Mozilla team and I have released MPL 2 Beta 2- hopefully our final
beta. The text of the beta is here:
http://mpl.mozilla.org/wp-content/uploads/2011/03/MPL-2-B2.pdf (text follows)
There are only a small number of changes here from Beta 1, but one of
these changes is particularly significant, and involves extensive
changes to section 11.3, which was much-discussed when this license
was last discussed here:
http://www.crynwr.com/cgi-bin/ezmlm-cgi?17:mss:1123:201011:ggfnogkgelclnaiklmcl
and http://www.crynwr.com/cgi-bin/ezmlm-cgi?17:mss:1086:201010:ggfnogkgelclnaiklmcl
Specifically, in this Beta, GPL compatibility changes from opt-in to
opt-out; in other words, the default is that MPL is now GPL compatible
by its own terms (as discussed with Larry last time around, certain
interpretations of GPL may mean that MPL is always GPL compatible
regardless of this language; we do not intend for this language to
change that situation.) This change has required a change in
mechanics; users upgrading from MPL 1.1 are asked to add an additional
license header if the original code is distributed solely under the
MPL 1.1 and not under a dual-or-tri-license. We have tried to mitigate
the impact of the change for projects which use only MPL 1.1 by
including this upgrade mechanism, but we would be interested to hear
from any and all comers on this subject- does the mechanism make
sense? Does it make anyone uncomfortable? We recognize this is a
potentially significant policy change, and we're open to reverting it
if people are bothered by it. On the flip side, anyone who strongly
appreciates this change, we'd be happy to hear from you too ;) Please
feel free to respond here, in private to me at this address or
villalu at gtlaw.com, or just schedule a call with me.
An annotated version showing this change (along with a handful of
others) is here:
http://mpl.mozilla.org/wp-content/uploads/2011/03/MPL-B1-to-B2.pdf
I should note that, as with the previous language, we plain to discuss
this in a FAQ and perhaps other documents as well. The underlying
rationale has not changed; we would like to help bring some
consistency across multiple popular licenses and reduce license
friction.
All the links above, as well as text/html versions, and links to the
comment tool, are here:
http://mpl.mozilla.org/participate/beta
Because this is not the final version, this is not a formal call for
review (we will do that when we have an RC), but we would again
appreciate review and commentary while there is still time for
changes.
Thanks- look forward to further discussion-
Luis
Text, for reference:
Mozilla Public License Version 2.0 Beta Two
===========================================
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 created or owned by a particular
Contributor.
1.4. "Covered Software"
means Source Code to which the initial Contributor has attached the
notice in Exhibit A, and Modifications of such Source Code, 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"
means the Covered Software in any form other than Source Code.
1.7. "Larger Work"
means a work that combines Covered Software with code in a separate
file 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 herein.
1.10. "Modifications"
means the Source Code form of any of the following:
(a) any file that results from an addition to, deletion from, or
modification of the contents of Covered Software; or
(b) any new file 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 which 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"
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 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. Effective Date.
The licenses granted in Section 2.2 with respect to any
Contribution become effective for each Contribution on the date the
Contributor first distributes such Contribution to a third party.
2.2. 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, in Source Code or Executable forms, 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 and its Contributor Version, in Source Code or
Executable forms.
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 2.2(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 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 11).
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 2.2.
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 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
third-party recipients of the Executable form how they can obtain a
copy of such Source Code form by reasonable means, 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, provided that You make
sure the requirements of this License are fulfilled for the Covered
Software.
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 hereunder will terminate automatically if
You fail to comply with any 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 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 any and
all rights granted to You under Section 2.2 of this License by any
and all Contributors 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 hereunder 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
HEREUNDER 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 wherein 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 Software Licensed Under Earlier Versions.
If You have received Incompatible Software as defined in Section
1.5(b) of this License, the notice described in Exhibit B of this
License must be attached before You distribute the Incompatible
Software.
11. Larger Works with Secondary Licenses.
-----------------------------------------
Unless the Covered Software is Incompatible Software, if You create
a Larger Work by combining the Covered Software with a work
governed by a Secondary License, You may additionally distribute
the Larger Work under the terms of the Secondary License, provided
that You make sure the requirements of this License are fulfilled
for the Covered Software.
EXHIBIT A- Source Code License Notice.
--------------------------------------
This Source Code 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 is Incompatible Software as defined by the
License.
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