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Komodo in violation of Mozilla Public License? (fwd)
Dennis E. Hamiltonorcmid at email.com
Tue Apr 10 20:00:42 EDT 2001
I had just taken a look and here's my totally-intellectual,legally-uninformed (TILU) appraisal of the situation:First, there is a Covered Work (or Works) that were covered by the MPL thathave been used in building Komodo. That is, some portion, perhapssubstantial, includes code or modifications of code from MPL-covered works.If that isn't the case, the conversation is over.So long as Covered Works are relied upon, then the following provisions kickin without exception:3.1 License applies to modifications *of* *the* *Covered* *Work*as you noted3.2 Source Code must be made available for the modified *Covered* *Work*under the conditions set forth in the MPL. There are very definiteconditions on the duration of availability of the source.3.5 License notices must be included in Source Code of the modified*Covered* *Work* as specified in the MPL.3.6 Executable-only distributions can occur and must be accompanied by adescription of how to obtain the source code along with notice of licensingunder the MPL.It is by virtue of 3.1 that one cannot add additional conditions on the useor application of the *Covered* *Work* or its modification (that is,identifying free and commercial classes, withholding source, restrictingredistribution, etc.) None of that is acceptable with regard to the*Covered* *Work* or its modifications.OK, this part is simple.Here's where it gets tricky:3.7 Allows for incorporation of the *Covered* *Work* (modified or not) in alarger work. MPL is not a viral license and the larger work can have adifferent license applied to those portions that are not portions of the*Covered* *Work*. However, the *Covered* *Work* (possibly modified) needsto be identified and the licensing of the covered work preserved.You could view this as part of the aggregation provision in the Open SourceLicensing model (and in the GPL). It is not clear that one needs tocontinue to offer the *Covered* *Work* (modifications) as part ofdistribution of a larger work, but it would certainly be necessary if thepackaging were such that the Covered Work were easily separable from thelarger work for separate use. This may just be a place where the MPL isinprecise.6.3 Addresses the derivative work case. Please note that the MPL is *not**viral*, though it is not exactly a BSD-like (or Python-like) licenseeither. 6.3 allows a derivative work to be distributed under a quitedifferent license and there are instructions about how to use the MPLlicense notice with such a work, along with a few simple conditions thatmust be satisfied.Since Komodo is prospectively a derivative work of whatever MPL'd *Covered**Works* they incorporated code from, this is the likely case that applies.The way to tell is to examine the license for Komodo and see how itacknowledges reliance on portions of MPL *Covered* *Works* (as modified) andwhether it independently offers the MPL *Covered* *Works* under the MPL.Here they be sea serpents.-- Dennis-----Original Message-----From:python-list-admin at python.org[mailto:python-list-admin at python.org]On Behalf Of Lulu of theLotus-EatersSent: Tuesday, April 10, 2001 14:26To:python-list at cwi.nlSubject: Re: Komodo in violation of Mozilla Public License? (fwd)David Ascher (Komodo Tech Lead) in email asked for clarification of whyI thought the Komodo licensing terms violate the MPL. I'd like toclarify for the list, since this IMO is a matter of general concern tothe Python community (David is BCC:'d).The Mozilla Public License seems to live at: <http://www.mozilla.org/MPL/MPL-1.1.html>The chief sections that apparently conflict with Komodo's commerciallicensing terms: 3.1. Application of License.[ ... ]Komodo is available--as far as I can determine--only under asubstantially different license than the MPL. Specifically, theActiveState license imposes many terms that additionally restrict therecipients rights. 3.2. Availability of Source Code. [ ... ]ActiveState does not make source code for their modifications available.That seems pretty staightforward.[ ... ]Yours, Lulu...
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