Subject: For Approval: Microsoft Public License
From: "Jon Rosenberg (PBM)" <jonr@microsoft.com>
Date: Tue, 2 Oct 2007 20:35:43 -0700
Tue, 2 Oct 2007 20:35:43 -0700
Microsoft is pleased to submit the Microsoft Public License to the OSI for consideration
as an OSI approved license.  This license contains the same terms as the previously
submitted Microsoft Permissive License, but has been renamed for greater clarity, and
resubmitted in accordance with OSI guidelines.   Microsoft believes that this license
provides unique value to the open source community by delivering simplicity, brevity,
and permissive reuse terms combined with intellectual property protection.
The three sections below provide the information required for the discussion portion
of the approval process.  We look forward to continuing to work with the OSI and the
open source community on this submission process.
Jon Rosenberg
Director, Source Program
Microsoft Corporation

----------------------------------

Section  I:  Which OSI licenses are similar and why won't one of those do instead?
Although one can assess similarity of license terms in numerous ways, the MS-PL has
similarities to terms in both the New BSD license and Apache 2.0 license.  However,
the new BSD license does not contain an explicit patent grant and only implicitly refers
to trademark issues.  In addition, we sought to create a license that is simple, short,
and easy-to-understand.

Section II: Compatibilities and incompatibilities with other OSI licenses:  Source code
distribution breaks down into two areas: Relicensing of MS-PL code and redistribution
of MS-PL code with other code that is licensed under a different license.

*         Can MS-PL code be redistributed under a different license?:
No.  The license states that "If you distribute any portion of the software in source
code form, you may do so only under this license..."  This restriction is similar to
the restriction in the Mozilla Public License that states "You may not offer or impose
any terms on any Source Code version that alters or restricts the applicable version
of this License or the recipients' rights hereunder."  The MS-PL license explicitly
prohibits relicensing of the original licensed code under a different license, regardless
of whether the original code is redistributed in whole, in part or as part of a different
piece of software.

*         Can MS-PL code be redistributed in combination with other code that is licensed
under a different license?
As long as the original MS-PL licensed code is redistributed under the MS-PL license,
then the MS-PL  places no restrictions on combining MS-PL code with other code that
is licensed under another license.  Licenses that prohibit the distribution of code
under any terms other than the terms of that license will not be compatible with the
MS-PL.
Section III: The License: A copy of the license is included below and also provided
as a .txt file attachment.

Microsoft Public License (Ms-PL)

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," "derivative works," and "distribution" have the
same meaning here
as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the software.
A "contributor" is any person that distributes its contribution under this license.
 "Licensed patents" are a contributor's patent claims that read directly on its contribution.

2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions
and limitations in
section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright
license to
reproduce its contribution, prepare derivative works of its contribution, and distribute
its contribution 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, each contributor grants you a non-exclusive, worldwide, royalty-free license
under its licensed
patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose
of its contribution in
the software or derivative works of the contribution in the software.

3. Conditions and Limitations
 (A) No Trademark License- This license does not grant you rights to use any contributors'
name, logo, or
trademarks.
(B) If you bring a patent claim against any contributor over patents that you claim
are infringed by the
software, your patent license from such contributor to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all copyright, patent,
trademark, and
attribution notices that are present in the software.
(D) If you distribute any portion of the software in source code form, you may do so
only under this license
by including a complete copy of this license with your distribution. If you distribute
any portion of the
software 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. The contributors
give 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, the contributors
exclude the
implied warranties of merchantability, fitness for a particular purpose and non-infringement.



Microsoft is pleased to submit the Microsoft Public License to the OSI for consideration as an OSI approved license.  This license contains the same terms as the previously submitted Microsoft Permissive License, but has been renamed for greater clarity, and resubmitted in accordance with OSI guidelines.   Microsoft believes that this license provides unique value to the open source community by delivering simplicity, brevity, and permissive reuse terms combined with intellectual property protection.

The three sections below provide the information required for the discussion portion of the approval process.  We look forward to continuing to work with the OSI and the open source community on this submission process. 

Jon Rosenberg

Director, Source Program

Microsoft Corporation

 

----------------------------------

 

Section  I:  Which OSI licenses are similar and why won’t one of those do instead?

Although one can assess similarity of license terms in numerous ways, the MS-PL has similarities to terms in both the New BSD license and Apache 2.0 license.  However, the new BSD license does not contain an explicit patent grant and only implicitly refers to trademark issues.  In addition, we sought to create a license that is simple, short, and easy-to-understand. 

 

Section II: Compatibilities and incompatibilities with other OSI licenses:  Source code distribution breaks down into two areas: Relicensing of MS-PL code and redistribution of MS-PL code with other code that is licensed under a different license.

·         Can MS-PL code be redistributed under a different license?:

No.  The license states that “If you distribute any portion of the software in source code form, you may do so only under this license…”  This restriction is similar to the restriction in the Mozilla Public License that states “You may not offer or impose any terms on any Source Code version that alters or restricts the applicable version of this License or the recipients' rights hereunder.”  The MS-PL license explicitly prohibits relicensing of the original licensed code under a different license, regardless of whether the original code is redistributed in whole, in part or as part of a different piece of software. 

·         Can MS-PL code be redistributed in combination with other code that is licensed under a different license?

As long as the original MS-PL licensed code is redistributed under the MS-PL license, then the MS-PL  places no restrictions on combining MS-PL code with other code that is licensed under another license.  Licenses that prohibit the distribution of code under any terms other than the terms of that license will not be compatible with the MS-PL.

Section III: The License: A copy of the license is included below and also provided as a .txt file attachment.

 

Microsoft Public License (Ms-PL)

 

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," "derivative works," and "distribution" have the same meaning here

as under U.S. copyright law.

A "contribution" is the original software, or any additions or changes to the software.

A "contributor" is any person that distributes its contribution under this license.

 "Licensed patents" are a contributor's patent claims that read directly on its contribution.

 

2. Grant of Rights

(A) Copyright Grant- Subject to the terms of this license, including the license conditions and limitations in

section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright license to

reproduce its contribution, prepare derivative works of its contribution, and distribute its contribution 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, each contributor grants you a non-exclusive, worldwide, royalty-free license under its licensed

patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose of its contribution in

the software or derivative works of the contribution in the software.

 

3. Conditions and Limitations

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

trademarks.

(B) If you bring a patent claim against any contributor over patents that you claim are infringed by the

software, your patent license from such contributor to the software ends automatically.

(C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and

attribution notices that are present in the software.

(D) If you distribute any portion of the software in source code form, you may do so only under this license

by including a complete copy of this license with your distribution. If you distribute any portion of the

software 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. The contributors give 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, the contributors exclude the

implied warranties of merchantability, fitness for a particular purpose and non-infringement.

 


Microsoft Public License (Ms-PL)

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," "derivative works," and "distribution" have the
same meaning here 
as under U.S. copyright law.
A "contribution" is the original software, or any additions or changes to the software.
A "contributor" is any person that distributes its contribution under this license.
 "Licensed patents" are a contributor's patent claims that read directly on its contribution.

2. Grant of Rights
(A) Copyright Grant- Subject to the terms of this license, including the license conditions
and limitations in 
section 3, each contributor grants you a non-exclusive, worldwide, royalty-free copyright
license to 
reproduce its contribution, prepare derivative works of its contribution, and distribute
its contribution 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, each contributor grants you a non-exclusive, worldwide, royalty-free license
under its licensed 
patents to make, have made, use, sell, offer for sale, import, and/or otherwise dispose
of its contribution in 
the software or derivative works of the contribution in the software.

3. Conditions and Limitations
 (A) No Trademark License- This license does not grant you rights to use any contributors'
name, logo, or 
trademarks.
(B) If you bring a patent claim against any contributor over patents that you claim
are infringed by the 
software, your patent license from such contributor to the software ends automatically.
(C) If you distribute any portion of the software, you must retain all copyright, patent,
trademark, and 
attribution notices that are present in the software.
(D) If you distribute any portion of the software in source code form, you may do so
only under this license 
by including a complete copy of this license with your distribution. If you distribute
any portion of the 
software 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. The contributors
give 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, the contributors
exclude the 
implied warranties of merchantability, fitness for a particular purpose and non-infringement.