Subject: For Approval: Microsoft Permissive License
From: John Cowan <cowan@ccil.org>
Date: Fri, 9 Dec 2005 16:07:05 -0500

Microsoft is adding new licenses to its Shared Source Initiative which I
believe qualify as open-source licenses.  The first of these is a simple
permissive license called the Microsoft Permissive License (MS-PL).
The HTML is online at
http://www.microsoft.com/resources/sharedsource/licensingbasics/permissivelicense.mspx
I include the full text in plain form here for convenience in commenting.

I believe that this license should be approved by OSI even though it
is basically similar to more widely used permissive licenses, because
it is better to encourage Microsoft in particular to release under an
OSI-approved license than not -- I think it very unlikely that they will
go back and adopt some existing license.

As noted earlier, I have no connection with Microsoft.


Microsoft Permissive License (Ms-PL)
Published: October 18, 2005

This license governs use of the accompanying software. If you use the
software, you accept this license. If you do not accept the license,
do not use the software.

1. Definitions

The terms "reproduce", "reproduction", and "distribution" have the same
meaning here as under U.S. copyright law.

"You" means the licensee of the software.

"Licensed patents" means any Microsoft patent claims which read directly
on the software as distributed by Microsoft under this license.

2. Grant of Rights

(A) Copyright Grant- Subject to the terms of this license, including the
license conditions and limitations in section 3, Microsoft grants you a
non-exclusive, worldwide, royalty-free copyright license to reproduce
the software, prepare derivative works of the software and distribute
the software or any derivative works that you create.

(B) Patent Grant- Subject to the terms of this license, including the
license conditions and limitations in section 3, Microsoft grants you
a non-exclusive, worldwide, royalty-free patent license under licensed
patents to make, have made, use, practice, sell, and offer for sale,
and/or otherwise dispose of the software or derivative works of the
software.

3. Conditions and Limitations

(A) No Trademark License- This license does not grant you any rights to
use Microsoft's name, logo, or trademarks.

(B) If you begin patent litigation against Microsoft over patents that you
think may apply to the software (including a cross-claim or counterclaim
in a lawsuit), your license to the software ends automatically.

(C) If you distribute copies of the software or derivative works, you
must retain all copyright, patent, trademark, and attribution notices
that are present in the software.

(D) If you distribute the software or derivative works in source code form
you may do so only under this license (i.e., you must include a complete
copy of this license with your distribution), and if you distribute the
software or derivative works in compiled or object code form you may
only do so under a license that complies with this license.

(E) The software is licensed "as-is". You bear the risk of using
it. Microsoft gives no express warranties, guarantees or conditions. You
may have additional consumer rights under your local laws which this
license cannot change. To the extent permitted under your local laws,
Microsoft excludes the implied warranties of merchantability, fitness
for a particular purpose and non-infringement.


-- 
John Cowan  cowan@ccil.org  www.reutershealth.com  www.ccil.org/~cowan
Nobody expects the RESTafarian Inquisition!  Our chief weapon is
surprise ... surprise and tedium  ... tedium and surprise ....  
Our two weapons are tedium and surprise ... and ruthless disregard
for unpleasant facts....  Our three weapons are tedium, surprise, and
ruthless disregard ... and an almost fanatical devotion to Roy Fielding....