Komodo in violation of Mozilla Public License?

[Brad Johnson]

David Ascher <DavidA at ActiveState.com> wrote:
: Lulu of the Lotus-Eaters wrote:
:> In other words, ActiveState is in the clear with the MPL in terms of the
:> derived source code issue.  That was my primary concern, and an
:> explanation clears it up.  I do, however, wish that either ActiveState's
:> webpages, or something in the installer, would make it a bit more clear
:> what the relation between Komodo and Mozilla is.

: Good point.  I'll make sure that happens.  Thanks for bringing it up.

I hope you do so, as Komodo is currently in gross violation of the
MPL, particularly clause 3.6. It's clear from the thread that hasn't
been your intention, but that doesn't make it acceptable.

As the MPL states, 
[my substitutions in brackets; by "Komodo" I mean the Komodo executable,
not the Komodo source]
[also, "Mozilla code" is my shorthand for "the Source Code version of the
Covered Code"]

3.6. Distribution of Executable Versions.
     You may distribute [Komodo] only if [you ensure that the Mozilla 
     code is as available as Komodo] and if You include a notice stating 
     that the [Mozilla code] is available under the [MPL], including a 
     description of how and where You have [ensured that the Mozilla code 
     will be available as long as Komodo is available]. The notice must be 
     conspicuously included in [the Komodo license agreements].


Note, this isn't rocket science, as Netscape 6 does a fine job of 
showing people what to do if they want to release stuff under new
licenses, such as ActiveState is doing with Komodo.

Below is what both the Netscape 6 license and the Komodo license 
are obligated by the MPL to include, but Komodo does not.

>From the Netscape 6 license:
http://home.netscape.com/download/client_netscape6.html

###################################################################
3. RESTRICTIONS ...
Licensee may not: ... (ii) decompile, disassemble, reverse engineer, or
otherwise attempt to derive the source code for the Product (except to
the extent applicable laws specifically prohibit such restriction or
as provided by the Netscape Public License or Mozilla Public License
for portions of the product governed by those licenses); ...

...

7. USE AND AVAILABILITY OF OPEN SOURCE CODE. Portions of Netscape 6
were created using source code governed by the Netscape Public License
(NPL) and the Mozilla Public License (MPL). The source code for the
portions of Netscape 6 governed by the NPL and MPL is available from
http://www.mozilla.org under those licenses.

8. DISCLAIMER OF WARRANTY ...
SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT
LICENSOR OR ... ANY CONTRIBUTORS TO THE SOURCE CODE OF THE PORTIONS OF
NETSCAPE 6 AVAILABLE FROM HTTP://WWW.MOZILLA.ORG ("OPEN SOURCE
CONTRIBUTORS") ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR.
...

9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR ... ANY OPEN SOURCE
CONTRIBUTORS BE LIABLE...

###################################################################

I hope ActiveState gets its act together.

-- bradj.
------------------------Nullus Oppidenda Est--------------------------
brad johnson (bgjohnso at unix.amherst.edu)    'Disc, God, Country, Pork'
http://www.amherst.edu/~bgjohnso/             'Chickens! No Cynics!'
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