[License-review] [license review] Mulan PSL V1

[Pamela Chestek]

Dr. Zhou,

The hyperlinks go to Version 1 and the url you give for Version 2 is 
returning a 404 error. Can you post Version 2 at the url you 
give, http://license.coscl.org.cn/MulanPSL2?



Thanks,

Pam Chestek
Chair, License Committee
Open Source Initiative

On 12/29/19 10:14 PM, Zhou Minghui wrote:
>
> Dear all,
>
> According to the collected suggestions, we have revised the Mulan PSL 
> v1, and here is the submission of Mulan Permissive Software License, 
> Version 2（Mulan PSL v2）for approval.
>
> For your convenience, the modifications of the license texts are 
> marked with red.
>
> Thank you. Happy new year!
>
> Minghui Zhou
>
> ---------------------
>
> Professor, Ph.D.
>
> Department of Computer Science
>
> Peking University
>
> ----------------------
>
> =======================================================
>
> *Type of submission: *Approval
>
> *License name: *木兰宽松许可证,第2版（Mulan Permissive Software 
> License，Version 2）
>
> *Short Identifier: *Mulan PSL v2
>
> *List of suggestions:*
>
> We collected the suggestions from the License Review Mailing List as 
> follows:
>
> From:Carlo Piana <carlo at piana.eu>
>
> I have one observation and one criticism.
>
> The observation is that this looks like a couple of licenses like the 
> BSD+patents. While arguably the text is more streamlined and modern, 
> building on the experience in licensing that we have accrued since the 
> BSD times, I wonder if there is such desperate need for yet another 
> license. Except perhaps one in Chinese.
>
> The criticism is founded on a long debated issue about whether 
> multi-language licenses are a good idea. As you know, GNU GPL family 
> decided that the only ever authoritative version is the English one, 
> and I tend to agree with the rationale underneath. It is tremendously 
> difficult to exactly match the same meaning across multiple languages, 
> and my experience in dissecting legal instruments of the EU -- 
> limiting to those few languages I am reasonably confident perusing -- 
> is that it is very difficult to find a single meaning. Often one 
> should find it comparing different versions and with the help of the 
> recitals, and yet it is very difficult to reach a final point.
>
> Moreover, you state in your introduction that the rule is (roughly) 
> "either is normative". But that rule is nowhere expressed in the 
> license itself. I am afraid this would then be totally left to the 
> local court, in case. Yet, a license lives not only in court, but also 
> in the current interpretation of those using it, who would not have 
> the benefit of a third party picking up one version or the other.
>
> Frankly, I see little merit in creating confusion by using two 
> languages on equal footing. On the other hand, the fact that the 
> license is non-copyleft reduces the concerns on possible negative 
> consequences.
>
> I wonder if those concerns have also been tackled in your legal 
> analysis, and what the answer were, in case.
>
> I totally love the name of the license.
>
> From: Josh Berkus <josh at berkus.org>
>
> I think Carlo was arguing that this license should state that the 
> Chinese version is authoritative. Certainly that would make sense to me.
>
> From: Carlo <carlo at piana.eu>
>
> Thanks Josh for spotting the point. Pretty much so. **One** version 
> should be authoritative, IMHO. Which one, that's up to the author of 
> the license to decide.
>
> Suppose one contributor picks the English and another, for an 
> unrelated project, the Chinese, and the two differ substantially due 
> to a glitch in the translation. And a third party combines them. It's 
> a minor hiccup here, as it's no copyleft, yet it's unnecessary added 
> entropy. Which one applies? You would have two inbound and most of all 
> two outbound
>
> licenses in a superstate, with the same name and different legal 
> consequences.
>
> Again, not a big issue, rather a matter of elegance and "ecology".
>
> From: Simon Phipps <webmink at opensource.org>
>
> Please collect all the suggestions the list offer and then make a 
> revised submission with a new version number that includes all the 
> changes you intend to make, with an explanation of each change in the 
> submission email (ideally with citations!). That way we have a single 
> email to refer to in the final approval process.
>
> From: Pamela Chestek <pamela at chesteklegal.com>
>
> Would it be possible to make one version authoritative is some 
> countries and the other authoritative in the rest of the world? You 
> could says something like "the Chinese version is the official version 
> in China, Hong Kong, etc. and the English version is the official 
> version in the other countries of the world." If you said that the 
> Chinese version was authoritative everywhere, and then litigate the 
> license in the US, the Chinese version will need to be translated to 
> English. You might then end up with a /different/ translation than the 
> version written in English.
>
> But you would want it very clear how it was divided. I would not say 
> something like "Chinese-speaking countries" because then you get into 
> arguments about what that means - is the United States a 
> Chinese-speaking country because it has a sizable Chinese-speaking 
> population? (We have no official language in the United States.)
>
> Just suggesting it - does this create problems I'm not seeing?
>
> From: Simon Phipps <simon at webmink.com>
>
> Wouldn't the copyright holder's preference be the best selection? 
> Given the two versions are essentially equivalent it doesn't matter 
> which is selected as long as one is.
>
> So maybe change the usage instructions to include a statement of which 
> language is normative, then change the license text to state Chinese 
> is normative unless otherwise specified in the copyright statement in 
> the source code, so there's a default.
>
> From: Pamela Chestek <pamela at chesteklegal.com>
>
> Hmm, except that it gets sticky where each individual contributor to 
> the same project chooses differently. That would be impossible to sort 
> out in a lawsuit.
>
> So I'm back to just picking Chinese as the controlling language.
>
> This demonstrates why it's so hard to write a good license and why 
> they can get very lengthy.
>
> From: Josh Berkus <josh at berkus.org>
>
> Do we have someone in the OSI who can review the Chinese language license?
>
> From: Simon Phipps <webmink at opensource.org>
>
> Our process requires that a notarised English translation is provided 
> for review. In this case certification that the English version is 
> legally equivalent would be sufficient, which we can probably assume 
> from the status of the submitter.
>
> Note that making a single version normative (if that is what the 
> submitter chooses to do) merely indicates that where there is disputed 
> interpretation during litigation of otherwise equivalent texts, the 
> normative version is used by the court. It should not affect our 
> deliberations about the overall license if both versions are certified 
> equivalent.
>
> *Modification (compared to Mulan PSL v1):*
>
> The main concern was, we provide both Chinese version and English 
> version of Mulan PSL v1, but what if there is disputed interpretation 
> between both versions? To solve this problem, we add a statement in 
> the license terms, stating that while there is any conflict between 
> the Chinese version and the English version, the Chinese version 
> prevails. We highly appreciate the suggestions from Carlo Piana, Josh 
> Berkus, Simon Phipps and Pamela Chestek!**
>
> *6。语言***
>
> “本许可证”以中英文双语表述，中英文版本具有同等法律效力。如果中英文版本存在任何冲突不一致，以中文版为准。
>
> *6. Language*
>
> This license is written in both Chinese and English, and the Chinese 
> version and English version shall have the same legal effect. In the 
> case of divergence between the Chinese and English versions, the 
> Chinese version shall prevail.
>
> *Rationale:*
>
> 1. Mulan PSL v2 is expressed in both Chinese and English, which have 
> the same legal effect. It is convenient for open source participants 
> to read and use.
>
> 2. In order to solve the existing litigation problems, Mulan PSL v2 
> clarifies the authorization of copyright, patent and trademark, and 
> provides better legal protection.
>
> 3. For the sake of simplicity and understandability <javascript:;>, 
> Mulan PSL v2 was revised jointly by technical experts and legal 
> experts to simplify the terms and optimize the expression as much as 
> possible on the premise of clarifying the behavior constraints of both 
> parties in the License. Mulan PSL v2 is easy for users to follow.
>
> *Distinguish (from other OSI-approved permissive licenses):*
>
> Mulan PSL v2 differs from BSD 3-clause License and Apache License V2.0 
> in terms of statement obligation, copyright license, patent license 
> and patent retaliation.
>
> 1. Statement obligation. Mulan PSL v2 only requires that the licensed 
> software to be distributed with a copy of this License and copyright, 
> patent, trademark and disclaimer statements in the software.
>
> 2. Copyright license. Original licensor, subsequent contributor, and 
> Affiliates of those licensors provide the Copyright license.
>
> 3. Patent license. Original licensor, subsequent contributor, and 
> Affiliates of those licensors provide the patent license.
>
> 4. Patent retaliation: If a user or its Affiliates directly or 
> indirectly (including through an agent, patent licensee or assignee) 
> institute patent litigation (including a cross claim or counterclaim 
> in a litigation) or other patent enforcement activities against any 
> individual or entity by alleging that the Software or any Contribution 
> in it infringes patents, then any patent license granted to the user 
> or its Affiliates under this License for the Software shall terminate 
> as of the date such litigation or activity is filed or taken.
>
> A comparison to existing OSS licenses and clauses, is attached to this 
> submission as a license commentary.
>
> 　
>
> 	
>
> Mulan PSL v2
>
> 	
>
> BSD 3-Clause License
>
> 	
>
> Apache License V2.0
>
> Permissions
>
> 	
>
> üCommercial use
>
> 	
>
> üCommercial use
>
> 	
>
> üCommercial use
>
> üModification
>
> 	
>
> üModification
>
> 	
>
> üModification
>
> üDistribution
>
> 	
>
> üDistribution
>
> 	
>
> üDistribution
>
> üPrivate use
>
> 	
>
> üPrivate use
>
> 	
>
> üPrivate use
>
> üPatent license from all code licensors and their affiliates
>
> 	
> 	
>
> üPatent license from subsequent contributors and their affiliates and 
> original licensor
>
> Limitations
>
> 	
>
> ûLiability
>
> 	
>
> ûLiability
>
> 	
>
> ûLiability
>
> ûWarranty
>
> 	
>
> ûWarranty
>
> 	
>
> ûWarranty
>
> ûTrademark use
>
> 	
>
> 　
>
> 	
>
> ûTrademark use
>
> Conditions
>
> 	
>
> ！License and copyright notice when distribution
>
> 	
>
> ！License and copyright notice when distribution
>
> 	
>
> ！License and copyright notice when distribution
>
> ！User's patent license automatically terminates when such user 
> directly or indirectly enforces its patents on the work
>
> 	
> 	
>
> ！User's patent license automatically terminates when such user sues 
> infringement of its patents on the work
>
>
> 	
> 	
>
> ！State changes
>
> *Legal Review:*
>
> Mulan PSL v2 was drafted by software experts and lawyers from 
> colleges, research institutions, enterprise <javascript:;>s and open 
> source communities. It has been reviewed by lawyers specialized in the 
> field of intellectual property and open source software.
>
> Both the Chinese and English versions of Mulan PSL v2 have the same 
> legal effect. Users can select the appropriate version in their 
> jurisdiction. In the event of conflicts between the Chinese version 
> and English version, the Chinese version shall prevail. Mulan PSL 
> v2meets OSI’s definition of “Open Source” of OSI and OSI’s 
> requirements. The rationale of the license is to create a license with 
> easy compliance, better compatibility, comprehensive patent 
> protection, and Chinese (not just English) friendly.
>
> *License proliferation category: ***
>
> Licenses that are popular and widely used or with strong communities
>
> Mulan PSL v1 has been widely used in China open source community, here 
> is a list of projects licensed under Mulan PSL v1:
>
> Projects
>
> 	
>
> URL
>
> Hutool
>
> 	
>
> https://gitee.com/loolly/hutool
>
> OpenArkCompiler
>
> 	
>
> https://gitee.com/harmonyos/OpenArkCompiler
>
> IJPay
>
> 	
>
> https://gitee.com/javen205/IJPay
>
> IMI
>
> 	
>
> https://gitee.com/yurunsoft/IMI
>
> SimpleDFS
>
> 	
>
> https://gitee.com/FusionStack/SimpleDFS
>
> *Text of the license:*
>
> *木兰宽松**许可证， 第**2版 ***
>
> 2019年12月 http://license.coscl.org.cn/MulanPSL2
>
> 您对“软件”的复制、使用、修改及分发受木兰宽松许可证，第2版（“本许可证”）的如下条款的约束：
>
> *0.**定义***
>
> *“软件”*是指由“贡献”构成的许可在“本许可证”下的程序和相关文档的集合。
>
> *“贡献者”*是指将受版权法保护的作品许可在“本许可证”下的自然人或“法人实体”。
>
> *“法人实体”*是指提交贡献的机构及其“关联实体”。
>
> *“关联实体”*是指，对“本许可证”下的一方而言，控制、受控制或与其共同受控制的机构，此处的控制是指有受控方或共同受控方至少50%直接或间接的投票权、资金或其他有价证券。
>
> *“贡献”*是指由任一“贡献者”许可在“本许可证”下的受版权法保护的作品。
>
> *1.**授予版权许可***
>
> 每个“贡献者”根据“本许可证”授予您永久性的、全球性的、免费的、非独占的、不可撤销的版权许可，您可以复制、使用、修改、分发其“贡献”，不论修改与否。
>
> *2.**授予专利许可***
>
> 每个“贡献者”根据“本许可证”授予您永久性的、全球性的、免费的、非独占的、不可撤销的（根据本条规定撤销除外）专利许可，供您制造、委托制造、使用、许诺销售、销售、进口其“贡献”或以其他方式转移其“贡献”。前述专利许可仅限于“贡献者”现在或将来拥有或控制的其“贡献”本身或其“贡献”与许可“贡献”时的“软件”结合而将必然会侵犯的专利权利要求，不包括仅因您或他人修改“贡献”或其他结合而将必然会侵犯到的专利权利要求。如您或您的“关联实体”直接或间接地（包括通过代理、专利被许可人或受让人），就“软件”或其中的“贡献”对任何人发起专利侵权诉讼（包括反诉或交叉诉讼）或其他专利维权行动，指控其侵犯专利权，则“本许可证”授予您对“软件”的专利许可自您提起诉讼或发起维权行动之日终止。
>
> *3.**无商标许可***
>
> “本许可证”不提供对“贡献者”的商品名称、商标、服务标志或产品名称的商标许可，但您为满足第4条规定的声明义务而必须使用除外。
>
> *4.**分发限制***
>
> 您可以在任何媒介中将“软件”以源程序形式或可执行形式重新分发，不论修改与否，但您必须向接收者提供“本许可证”的副本，并保留“软件”中的版权、商标、专利及免责声明。
>
> *5.**免责声明与责任限制***
>
> “软件”及其中的“贡献”在提供时不带任何明示或默示的担保。在任何情况下，“贡献者”或版权所有者不对任何人因使用“软件”或其中的“贡献”而引发的任何直接或间接损失承担责任，不论因何种原因导致或者基于何种法律理论,即使其曾被建议有此种损失的可能性。 
>
>
> *6。语言*
>
> “本许可证”以中英文双语表述，中英文版本具有同等法律效力。如果中英文版本存在任何冲突不一致，以中文版为准。
>
> *条款结束 ***
>
> **
>
> *如何**将木兰宽松许可证，第**2版，应用到您的软件*
>
> 如果您希望将木兰宽松许可证，第2版，应用到您的新软件，为了方便接收者查阅，建议您完成如下三步：
>
> 1，请您补充如下声明中的空白，包括软件名、软件的首次发表年份以及您作为版权人的名字；
>
> 2，请您在软件包的一级目录下创建以“LICENSE”为名的文件，将整个许可证文本放入该文件中；
>
> 3， 请将如下声明文本放入每个源文件的头部注释中。
>
>
> Copyright (c) [Year] [name of copyright holder]
>
> [Software Name] is licensed under*Mulan PSL v2.*
> You can use this software according to the terms and conditions of the 
> *Mulan PSL v2.***
>
> You may obtain a copy of*Mulan PSL v2 *at:
>
> http://license.coscl.org.cn/MulanPSL2**
>
> THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT warranties of 
> any kind, either express or implied, including but not limited to 
> non-infringement, merchantability or fit for a particular purpose.
>
> See the*Mulan PSL v2 *for more details.
>
> *Mulan Permissive****Software License**，**Version 2**(Mulan PSL v2)*
>
> December 2019 http://license.coscl.org.cn/MulanPSL2
>
> Your reproduction, use, modification and distribution of the Software 
> shall be subject to Mulan PSL v2 (this License) with the following 
> terms and conditions:
>
> *0. Definition***
>
> *Software*means the program and related documents which are comprised 
> of those Contribution and licensed under this License.
>
> *Contributor*means the Individual or Legal Entity who licenses its 
> copyrightable work under this License.
>
> *Legal Entity*means the entity making a Contribution and all its 
> Affiliates.
>
> *Affiliates*means entities that control, or are controlled by, or are 
> under common control with a party to this License, ‘control’ means 
> direct or indirect ownership of at least fifty percent (50%) of the 
> voting power, capital or other securities of controlled or commonly 
> controlled entity.
>
> *Contribution *means the copyrightable work licensed by a particular 
> Contributor under this License.
>
> *1. Grant of Copyright License*
>
> Subject to the terms and conditions of this License, each Contributor 
> hereby grants to you a perpetual, worldwide, royalty-free, 
> non-exclusive, irrevocable copyright license to reproduce, use, 
> modify, or distribute its Contribution, with modification or not.
>
> *2. Grant of Patent License *
>
> Subject to the terms and conditions of this License, each Contributor 
> hereby grants to you a perpetual, worldwide, royalty-free, 
> non-exclusive, irrevocable (except for revocation under this Section) 
> patent license to make, have made, use, offer for sale, sell, import 
> or otherwise transfer its Contribution where such patent license is 
> only limited to the patent claims owned or controlled by such 
> Contributor now or in future which will be necessarily infringed by 
> its Contribution alone, or by combination of the Contribution with the 
> Software to which the Contribution was contributed, excluding of any 
> patent claims solely be infringed by your or others’ modification or 
> other combinations. If you or your Affiliates directly or indirectly 
> (including through an agent, patent licensee or assignee), institute 
> patent litigation (including a cross claim or counterclaim in a 
> litigation) or other patent enforcement activities against any 
> individual or entity by alleging that the Software or any Contribution 
> in it infringes patents, then any patent license granted to you under 
> this License for the Software shall terminate as of the date such 
> litigation or activity is filed or taken.
>
> *3. No Trademark License*
>
> No trademark license is granted to use the trade names, trademarks, 
> service marks, or product names of Contributor, except as required to 
> fulfill notice requirements in Section 4.
>
> *4. Distribution Restriction*
>
> You may distribute the Software in any medium with or without 
> modification,whetherin source or executable forms, provided that you 
> provide recipients with a copy of this License and retain copyright, 
> patent, trademark and disclaimer statements in the Software.
>
> *5. Disclaimer of Warranty and Limitation of Liability*
>
> The Software and Contribution in it are provided without warranties of 
> any kind, either express or implied. In no event shall any Contributor 
> or copyright holder be liable to you for any damages, including, but 
> not limited to any direct, or indirect, special or consequential 
> damages arising from your use or inability to use the Software or the 
> Contribution in it, no matter how it’s caused or based on which legal 
> theory, even if advised of the possibility of such damages.
>
> *6. Language*
>
> This license is written in both Chinese and English, and the Chinese 
> version and English version shall have the same legal effect. In the 
> case of divergence between the Chinese and English versions, the 
> Chinese version shall prevail.
>
> *End of the Terms and Conditions*
>
> *How to apply the Mulan Permissive Software License**，**Version 2 
> (Mulan PSL v2) **to your software*
>
> To apply the Mulan PSL v2 to your work, for easy identification by 
> recipients, you are suggested to complete following three steps:
>
> i Fill in the blanks in following statement, including insert your 
> software name, the year of the first publication of your software, and 
> your name identified as the copyright owner;
>
> ii Create a file named “LICENSE” which contains the whole context of 
> this License in the first directory of your software package;
>
> iii Attach the statement to the appropriate annotated syntax at the 
> beginning of each source file.
>
>
> Copyright (c) [Year] [name of copyright holder]
>
> [Software Name] is licensed under the *Mulan PSL v2**.*
> You can use this software according to the terms and conditions of the 
> *Mulan PSL v2**.*
>
> You may obtain a copy of *Mulan PSL v2*at:
>
> http://license.coscl.org.cn/MulanPSL2
>
> THIS SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT warranties of 
> any kind, either express or implied, including but not limited to 
> non-infringement, merchantability or fit for a particular purpose.
>
> See the *Mulan PSL v2* for more details.
>
>
> _______________________________________________
> License-review mailing list
> License-review at lists.opensource.org
> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
-- 
Chair, License Committee Open Source Initiative
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.opensource.org/pipermail/license-review_lists.opensource.org/attachments/20200105/7b50f3ad/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 708 bytes
Desc: not available
URL: <http://lists.opensource.org/pipermail/license-review_lists.opensource.org/attachments/20200105/7b50f3ad/attachment-0002.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 598 bytes
Desc: not available
URL: <http://lists.opensource.org/pipermail/license-review_lists.opensource.org/attachments/20200105/7b50f3ad/attachment-0003.png>