Re: Using MPL covered components in application

2004-09-24 Thread Daniel Veditz
Marko Lahtinen wrote:

 Im thingking about using a component, which is released under MPL, in my
 commercial application. The component I intend to use is not modified. Can I
 use the component without making my application open source and what other
 things I need to consider ?

The MPL is a file-level copyleft. If by not modified you mean you've added
entire untouched files then you don't have to make the rest of your app open
source, you only have to worry about the notification requirements.

If you incorporate part of an MPL'd file into another file you need to
publish that entire file as a Modification, but not other files which are
wholly your own. Keep your life simple and don't mix Mozilla code and yours
in the same files.

If you can avoid creating a Modification
(http://www.mozilla.org/MPL/MPL-1.1.html#1.9) then you only need to worry
about the notification requirements for Larger Works (section 1.7 and 3.7).

The most relevant bit will be section 3.6, Distribution of Executable
Versions, where you need to say that you incorporated source code available
under the MPL and where to get it. The notice needs to be in the executable
and anywhere else (documentation?) where you describe recipients' rights
relating to the Covered Code. Most projects have interpreted that to mean
anywhere you put a copyright notice for your program.

If this is a commercial product you should run this by your lawyer (I am a
developer), but several large commercial product have shipped based on
Mozilla code that incorporate proprietary (non-open source) software. The
most obvious example is Netscape.

-Dan Veditz
___
mozilla-license mailing list
[EMAIL PROTECTED]
http://mail.mozilla.org/listinfo/mozilla-license


Re: mfcembed license?

2003-01-27 Thread Daniel Veditz
The licenses used in Mozilla apply to individual source files; a person
distributing mfcembed would have to comply with the union of requirements.
For practical purposes that would mean you'd only have to worry about the
MPL terms (the tri-license headers give you a choice of license terms, I
assume you'd choose the least restrictive).

Chak should have used the Mozilla Public License instead of NPL for new
code, but it's possible those files were derivatives of code elsewhere in
the tree in which case he would have to keep the original license. That
would also explain why those files are not instead under the MIT-like
license used in some of the other files.

-Dan Veditz

Per Lundberg wrote:
 Hello, 
 
 I asked in another group but this is probably a better place.  What is
 the intended license of the mfcembed program?  In mfcembed.cpp I see this:
 
  * Permission is hereby granted, free of charge, to any person obtaining a
  * copy of this Mozilla sample software and associated documentation files
  * (the Software), to deal in the Software without restriction, including
  * without limitation the rights to use, copy, modify, merge, publish,
  * distribute, sublicense, and/or sell copies of the Software, and to permit
  * persons to whom the Software is furnished to do so, subject to the
  * following conditions:
  *
  * The above copyright notice and this permission notice shall be included
  * in all copies or substantial portions of the Software.
  *
  * THE SOFTWARE IS PROVIDED AS IS, WITHOUT WARRANTY OF ANY KIND, EXPRESS
  * OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
  * FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
  * THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
  * LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
  * FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
  * DEALINGS IN THE SOFTWARE.
 
 In other words, a standard MIT license.  But some other files in the
 same directory, even files written by the same person, look like this:
 
  * Version: NPL 1.1/GPL 2.0/LGPL 2.1
  *
  * The contents of this file are subject to the Netscape Public License
  * Version 1.1 (the License); you may not use this file except in
  * compliance with the License. You may obtain a copy of the License at
  * http://www.mozilla.org/NPL/
  *
  * Software distributed under the License is distributed on an AS IS basis,
  * WITHOUT WARRANTY OF ANY KIND, either express or implied. See the License
  * for the specific language governing rights and limitations under the
  * License.
  *
  * The Original Code is mozilla.org code.
  *
  * The Initial Developer of the Original Code is 
  * Netscape Communications Corporation.
  * Portions created by the Initial Developer are Copyright (C) 1998
  * the Initial Developer. All Rights Reserved.
  *
  * Contributor(s):
  *   Chak Nanga [EMAIL PROTECTED] 
  *
  *
  * Alternatively, the contents of this file may be used under the terms of
  * either the GNU General Public License Version 2 or later (the GPL), or
  * the GNU Lesser General Public License Version 2.1 or later (the LGPL),
  * in which case the provisions of the GPL or the LGPL are applicable instead
  * of those above. If you wish to allow use of your version of this file only
  * under the terms of either the GPL or the LGPL, and not to allow others to
  * use your version of this file under the terms of the NPL, indicate your
  * decision by deleting the provisions above and replace them with the notice
  * and other provisions required by the GPL or the LGPL. If you do not delete
  * the provisions above, a recipient may use your version of this file under
  * the terms of any one of the NPL, the GPL or the LGPL.
 
 So, which goes?  The MIT license is far less restrictive than even the
 LGPL and I think this may be what the authors intended... but the
 current situation (in my 1.2.1 tree) is a bit unclear.  Any clues?
 





Re: MPL Plain English question

2003-01-27 Thread Daniel Veditz
Gervase Markham wrote:
I can distribute my compiled executable as public domain, freeware,
shareware, commercial etc. I am not required to release my source
code, and I'm not required to make mention anywhere in the executable
or related documentation that it uses the JEDI library.

So, is my interpretation correct? 
 
 No, on that last point.
 
 3.6. Distribution of Executable Versions.
 You may distribute Covered Code in Executable form only if 
[...]
 You include a notice stating that the Source Code version of the Covered 
 Code is available under the terms of this License [this is the key bit], 
 including a description of how and where You have fulfilled the 
 obligations of Section 3.2 [which you don't need to do, because you have 
 no obligations under Section 3.2].
 
 So, you need to include a notice stating that the Source Code version 
 of the Covered Code is available under the terms of this License. It 
 doesn't state it explicitly, but it would make sense to include a 
 pointer to where the Covered Code is available.
 
 Politeness also suggests that the notice appear in your About box or 
 somewhere similar, rather than on page 362 of the manual.

Gerv stopped quoting 3.6 too early, it's not mere politeness that suggests
your About box or the like:

  The notice must be conspicuously included in any notice in an
  Executable version, related documentation or collateral in which
  You describe recipients' rights relating to the Covered Code

Copyright statements, such as those which typically appear in About boxes,
are a way of telling users what their rights are in the code so that is
where this notification should go. conspicuously -- not page 362.

-Dan Veditz





Re: Open-Source Licenses Anonymity

2003-01-27 Thread Daniel Veditz
Matt Aaronson wrote:
 Hi!
 
 I am interested in writing a program and releasing it under an
 open-source license (possibly the MPL), but, for various reasons, want
 to release it anonymously.  I cannot put it into the public domain,
 since I am using a library that has a GPL-like license that requires a
 program that uses it to use a license that is open-source and imposes
 the same license on people that make modifications of it. 

Actually you *could* put it in the public domain, and you *can't* put it
under the MPL if the library you're using is GPL. You said GPL-like,
though, so no one can say for sure without knowing what the other license is
specifically.

-Dan Veditz





Re: Netscape legal trickery?

2003-01-27 Thread Daniel Veditz
andkonDOTcom wrote:
 Gervase Markham [EMAIL PROTECTED] wrote in message 
news:b0geso$[EMAIL PROTECTED]...
 
andkonDOTcom wrote:

http://www.andkon.com/stuf/mozilla3/

Okay read specifically the section Netscape Fraud where I ramble
about the Netscape license. I understand the Netscape License to mean
that they do not have to release some part of modified code as open
source. 

It means if Netscape, for example, included the JavaScript engine in a 
server product, they would not have to open source any part of that 
server product.

However, the NPL exceptions have no real impact on Mozilla development 
today, because there is so much MPLed code in the tree that Netscape 
would probably have great difficulty extracting a large enough NPLed 
piece to be useful in something else.

 
 
 It's not the technical implications but the legality of it. I can't
 just drive thru the red light because no cars are coming. As such,
 Netscape should include its open source code. However, it seems from
 the Netscape 1.1 license that Netscape for some magical reason does
 not have to obey this.

Netscape developed the NPL and MPL licenses in parallel. Code originally
donated by Netscape got the Netscape PL, and the MPL was for use by
non-Netscape contributors who didn't particularly want to give Netscape
special rights. Netscape did not simply change the license on Mozilla code,
no one but the author can change the license on previously donated code.

In fact, Netscape authorised mozilla.org to change the license of the code
it authored from NPL to MPL after the two year special rights clause
expired, and Netscape employees are instructed to apply the Mozilla license
to new files rather than the Netscape license. This is the reverse of what
your site appears to believe.

-Dan Veditz





Re: My review of RealNetworks' RPSL

2002-10-30 Thread Daniel Veditz
Ben Bucksch wrote:
 RelNetworks today released Helix DNA https://www.helixcommunity.org, 

Thanks for the announcement and review, Ben.

 * It has the same problem as the MPL in that it grants no trandemark
   and patent rights, not even those of the Licensor (as I
   understood),

The MPL does grant patent rights, at least to the extent required to use the
contributed code: 2.1b and d (2.2b and d for contributors)





Re: Licensing and larger work

2002-10-25 Thread Daniel Veditz
Calvin Chin wrote:
 
 Thanks for the clarification. Does your company at least agree with your
 opinion - in other words, have they ever asked anyone to stop distributing
 closed source products with unmodified Rhino?

We know of several companies using either Rhino or Spidermonkey (the C
version of the JS engine) in commercial products and think it's great. We
wouldn't ask someone to stop using it, we'd ask them to comply with the
license and the terms are easy to comply with. I haven't heard of any cases
where mozilla.org has had to ask for changes, but that would be a better
question for [EMAIL PROTECTED] It's possible that kind of thing would be
handled quietly so as not to cause trouble for a company whose infringement
was unintentional and quickly fixed.

-Dan Veditz





Re: Localizing Netscape 7.0

2002-09-11 Thread Daniel Veditz

I have forwarded this to folks within AOL and it has re-sparked a discussion
about this. Sounds like everyone is pretty positive on allowing this, but
the inherent reluctance of the lawyers must be overcome.
-Dan Veditz

Andras Timar wrote:
 Hi,
 
 There is a thread in n.p.m.l10n which rather belongs to here. Let me
 summarize shortly what was going on so far.
 
 I coordinate the Mozilla localization effort to Hungarian language.
 Hungarian users would like to use localized Netscape 7.0, too.I thought it
 was easy to fulfil this requirement, because NS 7.0 is based on the
 already translated Mozilla 1.0.1 and the differences are minor. Basically
 we were to release Hungarian NS 7.0 language pack and install kits in two
 weeks. Then I read the EULA of NS 7.0 which says: ...Licensee may not:
 (i) modify or create any derivative works of the Product or documentation,
 including customization, translation or localization;... I joined to the
 Browser Distribution Program of Netscape, but that license says something
 similar, ie. it also did not permit translation (except code based on open
 source). This means IMHO that I can translate everything but AIM, P3P and
 other add-ons that does not exist in Mozilla. But if the users did not
 want AIM and the other Netscape improvements, they could use Mozilla. IMHO
 not translating these add-ons make translation of Netscape pointless.
 
 Andrea wrote in n.p.m.l10n:
 
Also, it looks to be -not a lawyer, not a competent spoken person, not a
Netscape official representative-, if the license forbid to create and
redistribute the Product modified, it doesn't stop you to create an
add-on for the product.
I see an installable lang pack as an add-on, is it can be another theme.
 
 
 I would be grateful, if some authoratitive person could give me a hint,
 links, or anything else that helps me to answer the question: is there a
 legal way to fully localize NS 7.0?
 
 Thanks,
 Andras





Re: License question Rhino NPL

2002-07-28 Thread Daniel Veditz

You may use and distribute js.jar as long as you follow the terms of the
license. If you're shipping a commercial product it would be a good idea to
have your lawyer look it over, but the terms should be pretty clear. Since
you won't be modifying any source you will mostly be concerned with the
notification requirements (section 3.6). Mainly you have to tell people your
product includes some Rhino code, that the source code for the Rhino part is
available under the NPL license, and where folks can get it.

There are no claims made on your code. That's considered a Larger Work.

-Dan Veditz

Peter wrote:
 The specific question I have involves Rhino 1.5R3 which is available under
 NPL 1.1
 
 Part of Rhino 1.5R3 contains a JS.JAR file. Our developers would like to
 call the functions embodied by the JS.JAR file. The developers have no
 desire to modify the source code or even use the source code. The only use
 of the JS.JAR file is its functionality. The question is: may a commercial
 provider of software use the file and distribute it as part of its
 proprietary code without having to release the source code of its
 application or make it available to the public under an open source license?
 If so, will the developer's patent rights be affected in any way ?





Re: Comments on LGPL + any OSI licence exception clause.

2002-07-28 Thread Daniel Veditz

 The current working exception is:

   * As a special exception the copyright holders of this source file
   * also give you permission to include this file in a library with
   * any other source code that has been released under an Open Source
   * Initiative certificed licence.  More information about OSI
   * certification can be found at: http://www.opensource.org

Sounds great to me, but the Mozilla license is a more permissive one than
the LGPL to start with. The audience here already thinks along these lines.

-Dan Veditz





Re: Licensing

2002-07-22 Thread Daniel Veditz

[EMAIL PROTECTED] wrote:
 I make a commercial application, this use mozilla embedded, need put 
 source of mozilla in my cd distributation?

If you're making a commercial app you've probably hired a lawyer, so it'd be
worth your while to have him or her look over your obligations in the
license. You need to make sure the source is available to your customers,
and for my money putting a tarball on the CD is probably the simplest way --
no need to worry about running a web server for the specified time period.

(speaking for myself, Netscape doesn't pay me enough to speak for them, I am
not a lawyer, etc., etc.)

-Dan Veditz





Re: plugin nss license question

2002-06-07 Thread Daniel Veditz

RG wrote:
 Ok. Perfectly clear about shipping or not binaries.
 I have only one more question related to using NSS: if I understood right,
 the combination: plugin-is-only-using-NSS-library-binaries +
 not-shipping-NSS-binaries-myself does not demand me to release my plugin
 under any Mozilla license. Is that right?

IANAL, but that would be my understanding of the situation you describe.
That is, for example, how the Galeon project uses Mozilla.

Even if you were shipping the NSS binaries yourself, as long as it was
separate from your plugin the source distribution and license notification
requirements, etc., would only apply to NSS.

-Dan Veditz





Re: plugin nss license question

2002-06-03 Thread Daniel Veditz

RG wrote:
 
 I have developed a plugin for Mozilla/Netscape that makes use of NSS
 libraries (nss and smime). The plugin is gonna be free distributed. I am not
 gonna distribute NSS libraries.
 I have a couple of questions:
 - A general one: does a plugin for Mozilla/Netscape need to be released
 under any license ?

If you don't incorporate any Mozilla code you can use any license you want.
Your choice of license will depend on whether you wish to share your code
with others and under what terms.

 - NSS libraries (binaries) can be found with latest Mozilla releases. That
 is not the case with Netscape (6.2 for example). If some people that wants
 to make use of my plugin only have Netscape (6.2 for example) installed, is
 there any license-problem for them if they get the nss library binaries from
 Mozilla ? Or should I release the plugin together with nss binaries for
 those not having them ?

If you ship the NSS binaries yourself you must meet the distribution
requirements of the license even if you're not modifying them (mainly
telling your users you're including NSS, that it's MPL'd, and where they can
get the source -- but see the license for the legal details). There's no
problem if you send Netscape users off to download something from the
mozilla.org site.

-Dan Veditz





Re: Freedom, NPL, and SeaMonkey 1.0

2002-05-24 Thread Daniel Veditz

Christopher S. Charabaruk wrote:
 Okay, I see [NPL] listed there. Too bad [RMS] says not to use it.

He says not to create new code and apply that license to it; he's not saying
you have to stay away from Mozilla code under that license. Netscape itself
tells people--including its employees--not to use the NPL for new code (not
counting Modifications of existing NPL code, in which case the existing
license must be honored).

-Dan Veditz





Re: a basic question

2002-05-19 Thread Daniel Veditz

[EMAIL PROTECTED] wrote:
 
 I've read the NPL/MPL but I still don't understand the basics: can
 anyone download Mozilla source, make some changes, rebuild the whole
 thing, make the binaries available on a different web site and sell
 them or give them for free? 

Yes. That's what Netscape does with our Netscape 6 product, for example.

 If so, what do you do with the modified source? I understand you have
 to make all the changed source files available for free, but if you
 have object files containing your new procedures called by the
 modified source, those object files you can copyright. Is that true?

Yes. Again using Netscape 6 as an example, the Instant Messaging portion of
that product is not open source, and the Netscape 6 package as a whole is
copyright by Netscape and cannot be redistributed without permission even
though it is built on redistributable Mozilla source.

-Dan Veditz





Re: Freedom, NPL, and SeaMonkey 1.0

2002-05-17 Thread Daniel Veditz

Christopher S. Charabaruk wrote:
 Stallman does? You're sure? I'd like to see the document that shows this.
 
 Ralph Mellor wrote:
 
Stallman even lists NPL as a free license, and
one of the mozilla faqs I read clearly states
the deal on NPL relicensing.
 
 





Re: NPL/GPL supposed status of Mozilla

2002-05-14 Thread Daniel Veditz

Nigel McFarlane wrote:
 I can't believe that referencing an un-dated
 URL (www.mozilla.org/MPL or /NPL) whose contents could
 change at any time is the same as including
 licenses with the source. There is no copy of the
 GPL or LGPL in the Mozilla source. (ok, there's
 a copy in various imported-but-separate libraries).

Is there not a LICENSE file at the top of the source tarball? I don't know,
I don't have a source release and don't at the moment have the bandwidth to
check. The LICENSE and LEGAL files are checked out as part of a developer's
tree so I'd be surprised if they weren't included with the source releases.

If they're not there we're violating section 3.1 which says You must
include a copy of this License with every copy of the Source Code You
distribute. Not to worry, I doubt we'd sue ourselves. I'd recommend you
double check, though, because I'm pretty sure you'll find the LICENSE file.
If it's not there obviously we should fix it.

-Dan Veditz





Re: Doubts on LGPL

2002-03-22 Thread Daniel Veditz

Arnaldo Salaroli Rugai wrote:
 Hi all,
 
 Due my poor English a have been some doubts on LGPL. One of them is:
 If one translate the LGPL software into another language, the result must be
 a LGPL software too ?

This newsgroup is mainly devoted to the Mozilla license. LGPL is quite
different. However, your question is quite general and would apply to either
license. For a real answer you'd have to ask a lawyer, but since courts have
held that natural language translations of copyrighted works (e.g. a French
version of Harry Potter) are derived works you could make a strong case that
 a computer language translation of a copyrighted program is a derived work,
and if so it would be bound by the LGPL terms.  There may be court cases
that apply here, but not being a lawyer I don't know about them.

-Dan Veditz





Re: MPL/NPL License

2002-03-18 Thread Daniel Veditz

Krishnan Chellakarai wrote:
 Hi,
 
 We are planning to use NSS for Java libraries to achieve digital signing of
 HTML Form Fields. Can some one point me out, what are the steps we need to
 take care off, inorder for us to re-distribute those libraries. I read
 something about LEGAL file, do I need to worry about these. If so, can
 someone send me a sample of the LEGAL file.
 
 Thanks
 Krish.

We tend to think the license itself spells out the steps you need to do. Any
attempt by us to paraphrase it colloquially here would be incomplete and
probably legally inaccurate by omission. As a non-lawyer I'd like not to be
sued for dispensing bad legal advice.

If there are specific points of the license you have questions on I'm sure
several of us here will happily chime in with how we've interpreted those
points in our own projects.

-Dan Veditz
(speaking as a fellow Mozilla hacker, not on my employer's behalf)





Re: Newbie question

2002-02-11 Thread Daniel Veditz

Gervase Markham wrote:

I would like to know if he could distribute Mozilla and which would be
his obligations in the positive case.
 
 You need to read the MPL - http://www.mozilla.org/MPL . That outlines 
 your obligations and rights.

In the theoretical sense, yes, but in practice the Mozilla codebase is a
mixture of different licenses and nowhere is it documented which parts of
the codebase are under which license.

-Dan Veditz





Re: Multiple Licencing language

2001-10-03 Thread Daniel Veditz

Ben Bucksch wrote:

 Simon P. Lucy wrote:
 
 Yes no one will ever see it unless they do a listing output, but that 
 isn't the point.  As always the point is to unambiguously define the 
 licence used.

 But to whom define, if only you will ever see it? It will end up with 
 the current scheme: If you are sued, you claim that you used a 
 particular license, but you cannot prove it.


Of course you can! At the very least under both the MPL and the GPL if the 
distributed binary has any kind of a copyright notice it must tell users 
about the license and how to get the source. As a developer you've got to 
pick which set of notification rules you're going to follow, and which set 
of source distribution rules.

from MPL 3.6 (Distribution of Executable Versions)

  You may distribute Covered Code in Executable form only if the
  requirements of Section 3.1-3.5 have been met for that Covered Code,
  and if You include a notice stating that the Source Code version of the
  Covered Code is available under the terms of this License, including a
  description of how and where You have fulfilled the obligations of
  Section 3.2. The notice must be conspicuously included in any notice in
  an Executable version, related documentation or collateral in which
  You describe recipients' rights relating to the Covered Code

 From Gpl 2c)

  If the modified program normally reads commands interactively when run,
  you must cause it, when started running for such interactive use in the
  most ordinary way, to print or display an announcement including an
  appropriate copyright notice and a notice that there is no warranty
  (or else, saying that you provide a warranty) and that users may
  redistribute the program under these conditions, and telling the user
  how to view a copy of this License. (Exception: if the Program itself
  is interactive but does not normally print such an announcement, your
  work based on the Program is not required to print an announcement.)

-Dan Veditz





Re: Licensing Statistics (2001-09-08)

2001-09-17 Thread Daniel Veditz

Mitchell Baker wrote:

 The additional language was added so that recipients who receive a file 
 can be sure they can use it under either license.  This may sound silly, 
 but a lot of those who might use Mozilla, especially companies with due 
 diligence and risk analysis requirements, look for  an explicit statemnt 
 about the scope of the license they are using.


The language I object to lets people turn the file into GPL only, there is 
no equivalent permission to turn the file into MPL only. How is this 
clarifying anything?

There is at least one FSF-approved disjoint license (the license of Perl) 
that does not require permission to remove one of the licenses from the file 
in order to be able to use the code under the license of choice.

-Dan Veditz





Re: Licensing Statistics (2001-09-08)

2001-09-13 Thread Daniel Veditz

Ben Bucksch wrote:

 Ian Hickson wrote:
 
 The term (as used by the FSF) is extremely well defined. The GPL is a
 license that ensures two things:

   a. Code covered by the GPL will be free.
   b. Code covered by the GPL won't be used with code that is not free.

 Not exactly. Code covered under the GPL can't be used with code that is 
 not the *GPL* (or a subset of it). Otherwise, the list of licenses 
 compatible with teh GPL would be identical to the list of Free Software 
 licenses. It isn't, and the MPL unfortunately happens to fall in the 
 category Free Software, but incompatible with the GPL. That's exactly 
 what causes all this headache. That's why I think that the GPL is not at 
 all extremely well defined.


I'll let the lawyers quibble with whether the GPL is well defined, but you 
can't knock it on the above grounds. The GPL *must* limit combinations to 
licenses whose restrictions are a strict subset of its own, or else sneaky 
people could craft a license with which they could violate copyleft by 
putting impossible-to-meet extra restrictions on a critical file or two.

It is probably legally impossible to define what kinds of additional 
restrictions would be acceptable and which aren't while still guaranteeing 
the goals of the GPL are met. Thus a large number of free licenses are 
incompatible with the restrictive GPL.

-Dan Veditz





Re: Licensing Statistics (2001-09-08)

2001-09-13 Thread Daniel Veditz

Gervase Markham wrote:
 

 AOL needs the COOL code closed because it doesn't want people writing 
 clients it can't control to access its service.


AOL doesn't even trust Netscape with the source to the COOL components, we 
get binary drops.


 Anyway, I think it's safe to say that a switch to pure GPL is not on the 
 cards. The most likely scheme is an MPL/LGPL/GPL tri-license - allow the 
 code to be used by the GPL and LGPL free software communities (a good 
 thing) while not shafting all the contributors who like using it under 
 the MPL (also a good thing.)


Note that there are at least two folks--Simon Lucy and myself--who object to 
specifics in the current proposal for dual licensing (though not the concept 
itself) on the same grounds that GPL zealots dislike non-GPL licenses. It 
would allow people to turn the code GPL-only and keep their improvements to 
Mozilla files unusable by mozilla.org

-Dan Veditz





Re: Licensing Statistics (2001-09-08)

2001-09-13 Thread Daniel Veditz

Ian Hickson wrote:

 On Wed, 12 Sep 2001, Daniel Veditz wrote:
 
I'm lost, what's important to you?
 
 On the long run, that everyone be allowed to do whatever they like with
 all their programs, including modifying them, etc. (Emphasis on everyone and 
all. 


Everything, except combine it with non-free code.

 
 Not having the concept of 'copyright' at all would satisfy this, by the way.)


You must be joking... then companies would be even more secretive with their 
source code since they'd only have trade secret law to satisfy their desire 
for competitive advantage. And there would be *nothing* to stop a company 
from taking your free source and creating proprietary versions.

 At this stage, having seen what parts of Netscape 6.01 were not covered by
 the MPL, it is my belief that Mozilla could switch to the GPL without
 stopping Netscape. The majority of the proprietary changes are things that
 Netscape would be quite happy having other distributions use (e.g.,
 keywords). The main exception would be the AIM code (the COOL
 components) which it would be hard to get under GPL...


AOL has already used Gecko in its touchpad device, and Barry Schuler has 
commented in the press that they're looking at using Gecko in the main AOL 
client. I doubt AOL would contemplate opening their client source code.

Lots of people use the javascript engine in otherwise proprietary projects, 
a switch to GPL would nix those folks. Ditto NSPR and NSS.

If the GPL allowed combination with proprietary optional plugins like Flash 
and Java (which it doesn't) Netscape6 could probably get by if Mozilla were 
GPL. But Netscape6 isn't the only version of Mozilla code being used 
commercially.


It was discussed, and using a BSD-like license was strongly favored by some. 
The semi-copyleft of the MPL seemed like a good compromise, allowing the 
Mozilla project the possibility of taking back improvements and ensuring 
some visibility if our code got incorporated into popular projects.
 
 A BSD-like license (or, for that matter, the public domain) would have
 been compatible with the letter of the GPL (if not the spirit)...
 
 Ah well.


You'd trade less protection of the code for GPL compatibility?

-Dan Veditz





Re: Licensing Statistics (2001-09-08)

2001-09-12 Thread Daniel Veditz

Frank Hecker wrote:

 
 IMO Section 3 was intended for a specific case, a case explicitly 
 addressed in Section 3:  This option [i.e., changing the license 
 notices] is useful when you wish to copy part of the code of the Library 
 into a program that is not a library. But IMO it's not a general 
 requirement of the LGPL that this be done in all cases where works 
 containing LGPLed code are distributed under GPL terms.

We need to triple-license the code, MPL/GPL/LGPL.  MPL/GPL won't allow LGPL 
libraries to incorporate some of our code without having to switch to GPL, 
and MPL/LGPL wouldn't work for GPL'd projects that want to take a subset of 
Mozilla's code that doesn't hang together as a library.

-Dan Veditz





Re: Licensing Statistics (2001-09-08)

2001-09-12 Thread Daniel Veditz

Ben Bucksch wrote:
 

 My personal opinion is that the GPL was poorly designed, because I think 
 that this very discussion should never have to happen. The GPL is, IMO, 
 not as free as other licenses.


Ssshh! The zealots might hear you!

Using the word free in conjunction with the GPL is sure to lead to 
confusion and argument. The GPL is indeed very restrictive on developers 
(not free in that sense) in its attempt to preserve specific freedoms 
for the user/recipient of GPL'd programs (who might themselves be developers).

In its attempt to prevent combinations with licenses that might subvert the 
intentions of the GPL it also sometimes prevents combination with licenses 
compatible in spirit like the MPL as a side effect. In a sense the GPL is 
allergic to the MPL, a mistaken immune response to something otherwise 
harmless.

-Dan Veditz





Re: Licensing Statistics (2001-09-08)

2001-09-12 Thread Daniel Veditz

Ian Hickson wrote:

 On Wed, 12 Sep 2001, Frank Hecker wrote:
 
Ian Hickson wrote:

Why do we care about LGPL projects and not, say, projects using the
original BSD license, the Apache license, the Zope license, the IBM public
license, the Qt public license, the Sun Industry Standards Source License,
etc, etc, etc?

Because nobody has ever claimed that the BSD license, etc., are 
incompatible with the MPL.

 
 The BSD license, etc., are incompatible with the MPL. (In that you
 cannot cut and paste from one to the other, not in that you cannot link
 code from one with another.)


You can create a larger work (executable or library) out of MPL code 
combined with code under pretty much any license. As long as you respect the 
MPL requirements for the MPL files and whatever requirements might be on the 
non-MPL files there are no problems. The MPL is compatible with licenses 
that allow this, so we don't need to make any special accomodations for BSD, 
Apache, etc.

You cannot, however, combine MPL and GPL code into a larger work 
(according to the FSF), because the GPL makes claims on the entire work 
which cannot be satisfied while also satisfying MPL terms for the MPL code.


OK. So then I say in turn that if the MPL is incompatible with the GPL 
then it must be incompatible with the LGPL as well [...].
 
 This doesn't follow. The GPL and LGPL are totally different licenses.


LGPL section 10 has the same You may not impose any further restrictions on 
the recipients' exercise of the rights granted herein clause that is 
claimed to be the source of our incompatibility with the GPL.


For that matter, why do we want to promote _any_ non-strong-copyleft
projects, other than Mozilla itself?

This has nothing to do with promoting a particular philosophy of 
software licensing.
 
 Maybe for you; for me that is a very important consideration.


I'm lost, what's important to you? Are you unhappy that MPL is compatible 
with proprietary licenses? Do you not understand why that was required from 
the beginning given the commercial origin of the code?

It has everything to do with permitting Mozilla code 
to be used in as many different projects as possible, regardless of what 
licenses are being used for those projects' code. 
 
 If that is really the truth, then why are we not putting the Mozilla
 source into the public domain? (Seriously.)

It was discussed, and using a BSD-like license was strongly favored by some. 
The semi-copyleft of the MPL seemed like a good compromise, allowing the 
Mozilla project the possibility of taking back improvements and ensuring 
some visibility if our code got incorporated into popular projects.

-Dan Veditz





Re: Licensing Statistics (2001-09-08)

2001-09-12 Thread Daniel Veditz

Ian Hickson wrote:

 On Wed, 12 Sep 2001, Frank Hecker wrote:
 
 On the other hand, the GPL cannot be merged with any code other than GPL
 code (except for OS and compiler libraries).


Not true, the GPL is compatible with code under quite a number of licenses 
that the FSF enumerates.

The question is whether the LGPL would allow MPLed code to be combined
with LGPLed code (i.e., putting Mozilla code into an LGPLed library)
and the resulting work distributed under LGPL terms (as required by
the LGPL).
 
 The LGPL wouldn't care, as far as I can tell. However, since the MPL
 doesn't let you relicense the code under another license, the MPL wouldn't
 let you merge the MPL code with the LGPL code (in the same file, with
 the license of the MPL code changed to the LGPL).


Nor would the LGPL allow you to relicense a chunk of code to MPL; don't 
blame the MPL alone for this, it goes both ways. In fact this is pretty 
standard for all licenses, even the ones that the FSF considers compatible 
with the GPL. The compatible ones tend not to make any claims on the 
compiled code, but they commonly claim things like You may not impose any 
further restrictions on the recipients' exercise of the rights granted 
herein (i.e. can't turn it into GPL, which is restrictive), or This notice 
may not be removed or altered from any source distribution. (again, you 
can't turn it into some other license).

 Actually putting the Mozilla code, e.g. parts of nsCSSRendering.cpp, into
 an LGPL library, though, is not allowed, since the MPL doesn't grant you
 the right to change your license, and the LGPL requires the library to be
 under one license, the LGPL.


The MPL allows you to distribute a larger work under a different 
license--as long as certain requirements are met. It's the latter, not the 
former, that causes the problem.

 (IANAL, I am merely trying to apply logic to the text of the licenses...)


As are we all.

-Dan Veditz





Re: simplest Mozilla license for a developer

2001-07-24 Thread Daniel Veditz

Vikram wrote:
 
 Can this message thread be concluded as,
 I am not obligated to provide source code for functionality
 which is
 a)completely written by me.
 b)contained in separate source files than the Mozilla source files.
 No Matter without my component my distribution of Mozilla browser works or not.
 
 
 Please Reply with a definition in brief which you feel the best.

Those are true statements -- see section 3.7:

  3.7. Larger Works. 
  You may create a Larger Work by combining Covered Code with other code
  not governed by the terms of this License and distribute the Larger
  Work as a single product. In such a case, You must make sure the
  requirements of this License are fulfilled for the Covered Code.

-Dan Veditz




Re: NPL/MPL history question

2001-07-23 Thread Daniel Veditz

SOELL Markus Helmut wrote:
 
 This one is just about a detail in history of these licenses. I do a little
 history writing and want to get things straight.
 
 Is it correct, that in a first time Netscape suggested just one license, the
 Netscape Public License, and that the MPL was added in response to some
 negative critics after a first round of public discussion?

Basically correct, although negative critics makes it sound like a public
backlash when it was really a cooperative effort to file off the rough
edges.

The initial draft of the NPL was announced 1998-03-05 in this group and
issues were raised and resolved here. You can check out the ancient history
for yourself by searching http://groups.google.com

-Dan Veditz




Re: simplest Mozilla license for a developer

2001-07-23 Thread Daniel Veditz

Frank Hecker wrote:
 
 Vikram wrote:
  I read some messages at
  
http://groups.google.com/groups?hl=ensafe=offgroup=netscape.public.mozilla.license
  Conclusion is

You really should base your conclusions on reading the license, not what
people have said about the license. In big terms your conclusions sound ok
but there's a fair chance you've gotten some details wrong.

  2) I need to provide code which modifies behaviour of mozilla. So if
  I modify some mozilla component say 'html parser' then I need to give
  it's source code.
 
 Yes, if you make modifications to the Mozilla source files then you need
 to provide source code for those modifications, at least to people to
 whom you distribute your products.

The Mozilla source you used needs to be made available whether you make
Modifications or not! If you've used untouched Mozilla source you could
probably rely on mozilla.org to maintain the distribution of the source, but
you'll have to let your customers know which version of Mozilla source
you've used and how they can get it.

If you've made only small modifications to Mozilla code you may find it
simpler to distribute them in patch form (allowed under the definition
1.11).

  3) If mozilla is not fully functional without my program then I have
  to provide source code for my program too.
 
 This criterion is not really part of the Mozilla licensing scheme.

That sounds more like the LGPL, (though not exactly). The LGPL is concerned
that people have the freedom to improve programs they rely on, even if, for
example, the vendor goes out of business or refuses to fix the defect. The
MPL simply wants to make sure that the Mozilla community can use the
bugfixes and improvements made by those who have benefitted from the Mozilla
community's source.

-Dan Veditz




Re: What's Branded Code?

2001-07-22 Thread Daniel Veditz

SOELL Markus Helmut wrote:
 
 Well, basically the definition seems to be at NPL/II.:
 
 Netscape Branded Code means Covered Code that Netscape distributes... under
 Netscape trademarks not licensed under the NPL (paraphrased).
 
 This seems to mean any Netscape distributions and TMs, current and future.
 Since it's in Netscape's discretion to decide what they to apply their TM
 to, they can just apply their TM to all covered code which makes that
 branded code is equal covered code, right?

Hm, is it the trademarks which aren't licensed, or is it the Covered Code
which has been re-licensed?

 So why create this new term branded code? Talking about covered code
 would be more straight forward I think.

covered code is general and applies to everyone involved with Mozilla code
under the MPL/NPL. Netscape Branded Code is specifically the versions of
covered code that Netscape releases or licenses to others to release under
terms different from the NPL.

 Given this definition of branded code, It looks like V.3 gives Netscape a
 wildecard, they can do with the entire covered code what ever they want. The
 NPL works for Netscape just like a BSD license, right?

This has been of no practical benefit for years due to the amount of
*Mozilla* Public License code in the product. Yes, Netscape could take the
NPL part of the product and treat it more or less like BSD code (which some
in the company wanted to use in the first place), but at this point that
would be just a big useless pile without the MPL'd parts.

The NPL amendments were designed to get Netscape out of some practical and
political jams when the source code was initially freed; they aren't really
relevant anymore and for the past couple of years Netscape employees have
been encouraged to create new files under the MPL rather than the NPL.

When Netscape first decided to release the source code for Gromit (now
known in the tree as Mozilla Classic) there were three main internal
obstacles to anything copyleft-ish. We relied on some 3rd party libraries
that we didn't have time to replace, yet couldn't get permission to release
(thus amendment IV). We shared code with Netscape's server products
(primarily NSPR and the Javascript engine) and the management of those
divisions fought opening the source if it was going to mean extra work for
them (thus amendment V.2). And we had contractual obligations to license
whatever we shipped to other companies so they could release their own
versions of the browser. They (or their lawyers) balked at trying to figure
out what open source would mean for them, thus amendment V.3 -- although as
you point out V.3 negates the rest of the license as far as Netscape is
concerned.

With the scrapping of MozillaClassic in favor of the current Mozilla
codebase IV became irrelevant. With time (April 2000) V.2 expired. And V.3
was always (IMHO) a red herring to reassure lawyers and managers without any
practical benefit. Or perhaps you can think of it as an incentive to
non-Netscape developers (though I don't know if it was indended to be): as
long as the only contributions were little bug fixes the source was
essentially like a BSD license to Netscape (which some in the company wanted
to use), but once significant chunks of code came from outside then Netscape
would have to play by the copyleft-ish rules of the MPL too.

In an ironic twist, it's the very power granted in V.3 and complained about
since the license was written that will enable us to convert all NPL code to
MPL when the dual-licensing details are worked out. But that's another
long thread.

-Dan Veditz




Re: LDAP C SDK 5.0 MPL/GPL

2001-05-04 Thread Daniel Veditz

Mitchell Baker wrote:
 
 Daniel Veditz wrote:
 [emphasis added]
 
  I should note that I personally am opposed to the specific dual-licensing
  scheme proposed. It doesn't merely fix the GPL compatibility problem, it
  allows a GPL project to make improvements to Mozilla code without sharing
  those changes back (by changing the license of existing files to GPL-only).
  This is a violation of the fundamental idea behind the MPL, and *as far as I
  can tell wholly unnecessary to solve the license **incompatibilities.*
 
 I would be very interested in a proposal that didn't allow a GPL fork
 and yet was acceptable to the Free Software Foundation.  I have yet to
 find one.  All my discussions have coome back to the point that the GPL
 prohibits the application of any new restrictions.  And requiring code
 to be licensed under the MPL as well as the GPL is an additional
 restriction which causes an incompatibility with the GPL.

I took another look at some of the licenses the FSF considers GPL compatible
(http://www.fsf.org/philosophy/license-list.html#GPLCompatibleLicenses).
Most of those are chock full of restrictions, along the lines you can't
remove the original copyright info and license from these files.

What happens if some GPL project embedding perl modifies the perl engine? Or
a GPL project embedding zlib fixes a bug or adds a feature? If someone pulls
the modified file out of the GPL project (with the original copyright
license notice still intact as required) could they use those changes in a
project under the perl or zlib license?

Wouldn't a dijoint license scheme (to use the FSF term) that simply says
Alternatively this code can be treated under the terms of the LGPL or GPL
as long as this copyright notice remains intact be equivalent to most of
the official Compatible licenses?

To change the subject slightly, my investigation caused me to realize that
Exhibit A doesn't state that users of the code must keep the copyright
notice intact. Section 3.5 of the license does, however, though some folks
might argue it only says you have to duplicate the stock Exhibit A in the
MPL itself, not preserve the one found in the source code. I hope I'm wrong
on that loophole, but it still might be nice to add a line to this effect in
Exhibit A itself.

-Dan Veditz




Re: LDAP C SDK 5.0 MPL/GPL

2001-05-01 Thread Daniel Veditz

Michael Hein wrote:
 
 I'm in the process of moving the LDAP C SDK 5.0 source code from NPL to
 the dual MPL/GPL license.  In notifying past contributors of the intention
 of moving to the dual license I realized quickly this is more of a
 religious issue that I had first anticipated.  Can someone sum up the
 pros/cons of the MPL/GPL dual license.  Why is it good/bad etc.  Is there
 something better?  Why the MPL/GPL?

MPL because that's the preferred Mozilla license, specifically drafted by
Netscape/mozilla.org to accomplish the aims of the Mozilla project that
didn't seem covered by existing open source licenses in quite the way we
wanted.

GPL because that's the license used by a large portion of open source
projects (e.g. Linux itself, GNOME, GIMP, and many, many small projects).

dual because currently GPL and MPL code cannot be combined in the same
project due to niggly technical details.

Important because the MPL/GPL incompatibility is blocking the use of
Mozilla/Gecko by GPL'd projects. A bummer for projects that would like to
use Gecko rather than invent their own, a bummer for us because we aren't
getting bug reports and fixes from those projects and aren't getting the
additional Gecko browsershare of those users.

religious issue because everything about the GPL is a religious issue.

-Dan Veditz




Re: Sample Apple Code

2001-02-11 Thread Daniel Veditz

Andy wrote:
 
 AFAICT this is compatible with the terms of [M/N/G]PL... all it requires
 is we state somewhere in the file
 "portions of this code are descended from sample code which is Copyright
  1984-1999 by Apple Computer".
 Effectively we list them as a contributor.

Looks compatible to me, too.

 Some have suggested a CVS comment would be enough.
 Personally I'd think the best approach would be to state a 1 line
 comment at the top of each function
 derived from Apple code, just to make everything crystal clear.

I don't think a CVS comment is sufficient, it needs to be something that
travels with the source.  

Unless the entire file is basically the Apple sample file a comment above
each derived function is probably a good idea, in addition to the
contributor comment at the top of the file.

As a developer I'd be interested in being able to track derived code back to
its source. Perhaps the comment could specify which sample code its derived
from, although that doesn't appear to be a legal requirement.

-Dan Veditz