Including copied code and licenses. What's the convention?

This topic contains 2 replies, has 2 voices, and was last updated by  Robert Thomson 1 week, 3 days ago.

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  • #98230

    Robert Thomson
    Participant

    Hi,
    I wanted to include Dave Wyatt's Get-CallerPreference verbatim in a module I am writing. I want to provide the appropriate license and attribution with the file but there is no simple way to download the license to include with the script file. The license is "Technet Terms of Use". The link to those terms on the technet script gallery is just a javascript popup.

    Does anyone have any experience or suggestions with how this is best achieved? Is it satisfactory to include a reference back to the Technet site to get the license and usage conditions?

  • #98241

    Joel Sallow
    Participant

    At the bottom of the Terms of Use is the actual license, labelled "MICROSOFT LIMITED PUBLIC LICENSE" — I suppose you could reference that, but take note that one of the conditions is "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."

    That said, here's the full text of the license from the popup:

    MICROSOFT LIMITED PUBLIC LICENSE
    This license governs use of code marked as “sample” or “example” available on this web site without a license agreement, as provided under the section above titled “NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.” If you use such code (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) No Trademark License- This license does not grant you rights to use any contributors' name, logo, or trademarks.
    (B) 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.
    (C) If you distribute any portion of the software, you must retain all copyright, patent, trademark, and attribution notices that are present in the software.
    (D) 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.
    (E) 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.
    (F) Platform Limitation – The licenses granted in sections 2(A) and 2(B) extend only to the software or derivative works that you create that run on a Microsoft Windows operating system product.

    Whether you include it directly in the script file or as a corollary file alongside it is, I suppose, up to you, but the license states you need to distribute it with the file in question.

  • #98278

    Robert Thomson
    Participant

    Thanks Joel, A good answer to a poorly worded question. I was hoping for a direct link to the license that I could include in a file, but as you point out the license needs to be included in full. I'll just include the whole notice to be on the safe side.

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