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Re: Draft Summary: MPL is not DFSG free

On Thu, Jun 10, 2004 at 09:49:36PM +0000, Jim Marhaus wrote:
> Hi all -
> The consensus from debian-legal archives and current discussion seems to be the
> MPL is non-free. Below is a summary of reasons, compiled from commentary on the
> MPL and the similar Nokia license reviewed last August. 
> By the way, the following software is apparently licensed under the MPL, but
> not being relicensed like Mozilla:
> 2. Aolserver
> http://packages.debian.org/changelogs/pool/main/a/aolserver/aolserver_3.5.6-4/copyright

Sorry, but aolserver3,4 is released under amendements:



The AOLserver Public License Version 1.1 ("APL") consists of the
Mozilla Public License Version 1.1 with the following Amendments,
including "Exhibit A - AOLserver Public License".  Files identified
with "Exhibit A - AOLserver Public License" are governed by the
AOLserver Public License Version 1.1.

Additional Terms applicable to the AOLserver Public License. 

I. Effect. 
These additional terms described in this AOLserver Public License --
Amendments shall apply to the AOLserver Code and to all Covered Code
under this License.

II. "AOL's Branded Code" means Covered Code that AOL distributes
and/or permits others to distribute under one or more trademark(s)
which are controlled by AOL but which are not licensed for use under
this License.

III. AOL Trademarks.  This License does not grant any rights to use
the trademarks "AOL", "America Online", "AOLserver" or the "AOL
Triangle" logo even if such marks are included in the Original Code
or Modifications.

IV. Inability to Comply Due to Contractual Obligation.  Prior to
licensing the Original Code under this License, AOL has licensed third
party code for use in AOL's Branded Code. To the extent that AOL is
limited contractually from making such third party code available
under this License, AOL may choose to reintegrate such code into
Covered Code without being required to distribute such code in Source
Code form, even if such code would otherwise be considered
"Modifications" under this License.

V. [Intentionally Omitted]
VI. Litigation. 
Notwithstanding the limitations of Section 11 above, the provisions
regarding litigation in Section 11(a), (b) and (c) of the License
shall apply to all disputes relating to this License.

EXHIBIT A - AOLserver Public License.
"The contents of this file are subject to the AOLserver Public
License Version 1.1 (the "License"); you may not use this file except
in compliance with the License. You may obtain a copy of the License
at http://aolserver.com/.

Software distributed under the License is distributed on an "AS IS"
basis, WITHOUT WARRANTY OF ANY KIND, either express or implied. See
the License for the specific language governing rights and limitations
under the License.

The Original Code is AOLserver Code and related documentation
distributed by AOL.

The Initial Developer of the Original Code is America Online,
Inc. Portions created by AOL are Copyright (C) 1999 America Online,
Inc. All Rights Reserved.

Contributor(s): ______________________________________.

Alternatively, the contents of this file may be used under the terms
of the GNU General Public License (the "GPL"), in which case the
provisions of GPL are applicable instead of those above.  If you wish
to allow use of your version of this file only under the terms of the
GPL and not to allow others to use your version of this file under the
License, indicate your decision by deleting the provisions above and
replace them with the notice and other provisions required by the GPL.
If you do not delete the provisions above, a recipient may use your
version of this file under either the License or the GPL.

[ A copy of GPL can be find in /usr/share/common-licenses/GPL ]


AFAIK Debian could release all under GPL or not?

Francesco P. Lovergine

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