For Approval: Microsoft Community License

Microsoft is pleased to submit the Microsoft Community License to the OSI for consideration as an
OSI approved license.  Microsoft believes that this license provides unique value to the open
source community by delivering simplicity, brevity, and clearly delineated reciprocal terms.
The three sections below provide the information required for the discussion portion of the
approval process.  We look forward to working with the OSI on this submission process and
discussing this submission with the open source community.
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-CL has some
similarities to the Mozilla Public License (V1.1).  However, we sought to draft a license that is
simple, short, and easy-to-understand.  In particular, the Mozilla Public License's definitions of
original code, covered code, and modifications can be difficult to apply in practice, given the
many ways in which software can be distributed and linked together.  The MS-CL provides a clear
objective test of whether or not a derivative work constitutes a modification of the original
code.
Section II: Compatibilities and incompatibilities with other OSI licenses:  Source code
distribution breaks down into two areas: Relicensing of MS-CL code and redistribution of MS-CL code
with other code that is licensed under a different license.

*         Can MS-CL 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 license explicitly prohibits relicensing of the original licensed code under a
different license, in whole, in part or as part of a different piece of software.

*         Can MS-CL code be redistributed in combination with other code that is licensed under a
different license?
As long as any files containing the original MS-CL licensed code are redistributed under the MS-CL
license, then the MS-CL  places no restrictions on combining MS-CL code with other code that is
licensed under  another license.  Any files containing any of the MS-CL licensed code must be
distributed only under the MS-CL license and not under any other 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-CL.
Section III: The License:  A copy of the license is included below and also provided as a .txt file
attachment.
Microsoft Community License (Ms-CL)

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) Reciprocal Grants- For any file you distribute that contains code from the software (in source
code or
binary format), you must provide recipients the source code to that file along with a copy of this
license,
which license will govern that file. You may license other files that are entirely your own work
and do not
contain code from the software under any terms you choose.
(B) No Trademark License- This license does not grant you rights to use any contributors' name,
logo, or
trademarks.
(C) 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.
(D) If you distribute any portion of the software, you must retain all copyright, patent,
trademark, and
attribution notices that are present in the software.
(E) 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.
(F) 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 Community License (Ms-CL)

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) Reciprocal Grants- For any file you distribute that contains code from the software (in source
code or 
binary format), you must provide recipients the source code to that file along with a copy of this
license, 
which license will govern that file. You may license other files that are entirely your own work
and do not 
contain code from the software under any terms you choose.
(B) No Trademark License- This license does not grant you rights to use any contributors' name,
logo, or 
trademarks.
(C) 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.
(D) If you distribute any portion of the software, you must retain all copyright, patent,
trademark, and 
attribution notices that are present in the software.
(E) 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.
(F) 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.