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[epl-discuss] Two Changes


The Eclipse Board Committee for IP matters met today, and we are proposing two changes to the draft that we discussed on the call yesterday. Comments, of course, are welcomed.

  1. We slightly tweaked the definition of Distribution to read as follows:

             “Distribute” means the act of distributing or making available in any manner which enables the transfer of a copy.

  2. We discussed the topic of third party beneficiaries and enforcement at length. To a large degree, we believe that this discussion originates back to an assumption made by Andrew Katz made when he said that the draft EPL would "...act to make this contract enforceable by licensees and recipients. I’m assuming that’s not the intention...". In fact, we think that is exactly what the EPLv1 does, and we think that it would be reasonable to enable Recipients to demand source code from Contributors if necessary. We realize that is quite different than the norm in GPL enforcement, but we believe we should continue it if for no other reason than backwards compatibility for the existing participants in the EPL license community.

    That said, we do think that Andrew's comments about UK law are important to deal with. For that reason we are proposing to add the following sentence to the end of Section 7:

            "Nothing in this Agreement is intended to be enforceable by any entity that is not a Contributor or Recipient, and third party beneficiary rights are excluded."
I read through the thread earlier today by Andrew Katz and Till Jaeger, and I have to admit that it exceeds my ability to pretend I'm a lawyer. But I note once again that it seems that a lot of it hinges on the assumption that enforceability by Recipients is to be avoided. As mentioned above, that is not how we read EPLv1. But we look forward to being educated on the perils of continuing to follow that approach.

Just so everyone knows, we will be referring the draft EPLv2 to the OSI license-review process, hopefully late next week.

We look forward to your feedback. If another call would be more efficient than email, please let me know.
Mike Milinkovich
(m) +1.613.220.3223
Please note the change to my email address.

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