[License-review] [license review] Mulan PSL V1
Pamela Chestek
pamela.chestek at opensource.org
Mon Jan 6 03:18:20 UTC 2020
Hi Dr. Zhou,
That's fine to wait, I just thought it was broken. Let us know when you
have another version to review.
Pam
Chair, License Committee
Open Source Initiative
On 1/5/20 8:18 PM, zhou minghui wrote:
>
> Pam,
>
> Yes, it was not there yet. I was thinking of putting it online a bit
> later because I was not sure we can finalize this version at this time
> point. For example, McCoy Smith provided a few suggestions that I
> think we need to address (and we are addressing).
>
> In any case, my question is: should I put this version online now or
> can I get it online after it's improved based on McCosy Smith's
> suggestions? After all, we don't want to have many versions,
> especially some versions that are under discussion.
>
> Thank you, Minghui
>
> On 1/5/20 9:23 PM, Pamela Chestek wrote:
>> 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
>>
>> _______________________________________________
>> License-review mailing list
>> License-review at lists.opensource.org
>> http://lists.opensource.org/mailman/listinfo/license-review_lists.opensource.org
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