Subject: RE: OSD modification regarding what license can require of user
From: "Lawrence E. Rosen" <lrosen@rosenlaw.com>
Date: Wed, 13 Mar 2002 23:36:14 -0800

Mitchell Baker wrote:
> As to the question of the scope of a corporate entity, the MPL uses a 
> "control" standard often found in corporate documents, securities 
> documents and statutes.  The language is the sort everyone hates -- 
> clearly written by lawyers for laawyers.  I've included it 
> below.  But 
> it is in general use, is generally understood by lawyers and 
> judges who 
> may someday look at this, and so won't need to develop its 
> own case law 
> and understanding.  There is a couple of other standards in use for 
> determinging "control" but the one in the MPL seemed the 
> best, at least 
> when I researched this last.
> 
> Mitchell
> 
> *++
> 1.12. "You'' (or "Your") * means an individual or a legal entity 
> exercising rights under, and complying with all of the terms of, this 
> License or a future version of this License issued under Section 6.1. 
> For legal entities, "You'' includes any entity which controls, is 
> controlled by, or is under common control with You. For 
> purposes of this 
> definition, "control'' means (a) the power, direct or 
> indirect, to cause 
> the direction or management of such entity, whether by contract or 
> otherwise, or (b) ownership of more than fifty percent (50%) of the 
> outstanding shares or beneficial ownership of such entity.

I copied this section of the MPL in the Jabber license, with only slight
changes, because the MPL got it right.

Here's how the Jabber license says it:

14. Definition of "You" in This License.  "You" throughout this License,
whether in upper or lower case, means an individual or a legal entity
exercising rights under, and complying with all of the terms of, this
License or a future version of this License issued under Section 7.  For
legal entities, "you" includes any entity that controls, is controlled
by, or is under common control with you.  For purposes of this
definition, "control" means (i) the power, direct or indirect, to cause
the direction or management of such entity, whether by contract or
otherwise, or (ii) ownership of fifty percent (50%) or more of the
outstanding shares, or (iii) beneficial ownership of such entity.

--
license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3