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Re: relicensing from MIT to LGPL


From: Alexander Terekhov
Subject: Re: relicensing from MIT to LGPL
Date: Fri, 12 May 2006 17:39:17 +0200

jmg3000@gmail.com wrote:
[...]
> Just to make one distinction: looking up the term "sublicense"
> (http://dictionary.lp.findlaw.com/), it says the meaning is "a license
> granted by a licensee that grants some or all of the rights (as to a
> patent) acquired under the original license".

Right.

> 
> So, "some or all" sounds like either redistributing the code under the
> same MIT license, or else re-licensing it, granting less rights than
> the MIT license provides (for example, the GPL).

Sublicensing the code under the same MIT license is the only option. 

You would need explicit permission in MIT license to do something 
along the lines of the CPL re object code form (for example) to apply
a different license agreement.

-----
1. DEFINITIONS

"Contribution" means:

    a) in the case of the initial Contributor, the initial code and 
    documentation distributed under this Agreement, and

    b) in the case of each subsequent Contributor:

    i) changes to the Program, and

    ii) additions to the Program;

    [...]

    Contributions do not include additions to the Program which: (i) 
    are separate modules of software distributed in conjunction with 
    the Program under their own license agreement, and (ii) are not 
    derivative works of the Program.

"Contributor" means any person or entity that distributes the Program.

"Licensed Patents " mean patent claims licensable by a Contributor 
which are necessarily infringed by the use or sale of its Contribution 
alone or when combined with the Program.

"Program" means the Contributions distributed in accordance with this 
Agreement.

[...]

3. REQUIREMENTS

A Contributor may choose to distribute the Program in object code form 
under its own license agreement, provided that:

    a) it complies with the terms and conditions of this Agreement; and

    b) its license agreement:

    i) effectively disclaims on behalf of all Contributors all warranties 
    and conditions, express and implied, including warranties or 
    conditions of title and non-infringement, and implied warranties or 
    conditions of merchantability and fitness for a particular purpose;

    ii) effectively excludes on behalf of all Contributors all liability 
    for damages, including direct, indirect, special, incidental and 
    consequential damages, such as lost profits;

    iii) states that any provisions which differ from this Agreement are 
    offered by that Contributor alone and not by any other party; and

    iv) states that source code for the Program is available from such 
    Contributor, and informs licensees how to obtain it in a reasonable 
    manner on or through a medium customarily used for software exchange. 

When the Program is made available in source code form:

    a) it must be made available under this Agreement; and

    b) a copy of this Agreement must be included with each copy of the 
    Program. 
-----

But MIT doesn't allow it.

regards,
alexander.


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