Subject: Re: Followup on Exhibit B licences
From: Timothy McIntyre <tmcintyre@terracottatech.com>
Date: Tue, 06 Mar 2007 17:52:09 -0800
Tue, 06 Mar 2007 17:52:09 -0800
These are interesting points.  Earlier in this thread, there was mention 
that licensees who use "MPL + attribution" -style licenses have 
overlooked the so-called 'ASP loophole.'  I work for Terracotta, and we 
distribute our software under the Terracotta Public License, which is 
MPL w/ attribution (i.e., redistributed software must contain 'Powered 
by Terracotta' text in any UI).  When we were deciding on our license, 
we wanted to address the ASP loophole, so we ended up revising the 
original language of the MPL.  Wherever software distribution is 
mentioned in the license, we added the phrase "or otherwise makes 
available," in order to cover passive types of distribution, such as 
with ASPs.  This modification to the MPL also appears in the CDDL.


Rick Moen wrote:
> Correcting my recent post:
>
>   
>>> The only open source licences that would prevent ASP pilfering is GPL
>>> v3 (not released yet), Affero Public License (not OSI certified) and
>>> Honest Public License (not OSI certified).
>>>       
>> In addition, Apple's licence also has an ASP clause, and _is_ OSI-certified.
>>     
>
> My apologies for forgetting that Lawrence Rosen's excellent "Open
> Software License (OSL) v. 1.1 _also_ has language addressing ASP scenarios, 
> and likewise is already OSI-certified
> (http://www.opensource.org/licenses/osl.php).
>
> It grants rights for performance and display (clause 1) of the upstream
> work.  Clause 5 requires licensee to stipulate that any "external use"
> (use or distribution so that the work is accessible to others) by
> licensee qualifies as "distribution" of the software for purposes of the
> licence, tying clause 1c's copyleft obligation to such usage.
>
>   


-- 

____________________________________________________
Timothy McIntyre // Corporate Counsel
Terracotta // Open Source Clustering for Java

web: www.terracotta.org
tel: 415.738.4014
fax: 415.738.4099

This email incorporates Terracotta's confidentiality policy, which is online at http://www.terracottatech.com/emailconfidentiality.shtml



These are interesting points.  Earlier in this thread, there was mention that licensees who use "MPL + attribution" -style licenses have overlooked the so-called 'ASP loophole.'  I work for Terracotta, and we distribute our software under the Terracotta Public License, which is MPL w/ attribution (i.e., redistributed software must contain 'Powered by Terracotta' text in any UI).  When we were deciding on our license, we wanted to address the ASP loophole, so we ended up revising the original language of the MPL.  Wherever software distribution is mentioned in the license, we added the phrase "or otherwise makes available," in order to cover passive types of distribution, such as with ASPs.  This modification to the MPL also appears in the CDDL.


Rick Moen wrote:
Correcting my recent post:

  
The only open source licences that would prevent ASP pilfering is GPL
v3 (not released yet), Affero Public License (not OSI certified) and
Honest Public License (not OSI certified).
      
In addition, Apple's licence also has an ASP clause, and _is_ OSI-certified.
    

My apologies for forgetting that Lawrence Rosen's excellent "Open
Software License (OSL) v. 1.1 _also_ has language addressing ASP scenarios, 
and likewise is already OSI-certified
(http://www.opensource.org/licenses/osl.php).

It grants rights for performance and display (clause 1) of the upstream
work.  Clause 5 requires licensee to stipulate that any "external use"
(use or distribution so that the work is accessible to others) by
licensee qualifies as "distribution" of the software for purposes of the
licence, tying clause 1c's copyleft obligation to such usage.

  


-- 

____________________________________________________
Timothy McIntyre // Corporate Counsel
Terracotta // Open Source Clustering for Java

web: www.terracotta.org
tel: 415.738.4014
fax: 415.738.4099

This email incorporates Terracotta's confidentiality policy, which is online at http://www.terracottatech.com/emailconfidentiality.shtml