Gervase Markham wrote:
>
> > No, in principle it is not open source whatsoever. Netscape 6 branches
> > from Mozilla at certain points in development and features propietary to
> > 6.x are added/refined, etc.
>
> That's not true; Netscape should, if we read the license, be making source
> releases (at the same time it makes binary releases) of all the files in
> Netscape 6.x under the MPL or NPL or another open source license.
Actually, Gerv, they're not required to. Section VI of the NPL:
IV. Inability to Comply Due to Contractual Obligation.
Prior to licensing the Original Code under this License, Netscape has licensed
third party code for use in Netscape's Branded Code. To the extent that Netscape
is limited contractually from making such third party code available under this
License, Netscape 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.
And even though it's labeled for "Contractual Obligation", it's extremely easy
to meet that criterion. How? Is there at least one Netscape developer who is not
an employee, but a sub contractor? If so, anything they touch can be thrown in
under this heading.
Further, Section V clearly states that they may choose to distribute the source
or not, their choice. Specifically, and the most powerful section, is as
follows:
V.3. Alternative Licensing.
Netscape may license the Source Code of Netscape's Branded Code, including
Modifications incorporated therein, without such Netscape Branded Code becoming
subject to the terms of this License, and may license such Netscape Branded Code
on different terms from those contained in this License.
Right there. This is their out as far as the NPL/MPL goes, and even allows them
to relicense code that they've worked with to 3rd parties, so the 3rd party can
create a product without releasing the source. They can't do that with MPL code,
so they'd need to license Netscape Branded Code (aka Netscape 6.x) to be
released of this obligation.
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