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MIT License can't have "all rights reserved." #2129

Description

According to README.md, PowerShell is licensed under the MIT License. However, when I open LICENSE.txt I see the following:

PowerShell 6.0

Copyright (c) Microsoft Corporation

All rights reserved.

MIT License

Permission is hereby granted, free of charge, to . . .

How can all rights be reserved while granting all the rights under the MIT License? To reserve all rights while granting all the rights under the MIT license is completely contradictory. Of course, Microsoft can retain the copyright but it can't reserve all rights and license under MIT.

Credit: I did not discover this issue. It was discussed on episode 480 of the Windows Weekly podcast. The license-specific discussion (including this issue) is between about 11m:45s and about 13m:05s.

Activity

  1. MartinSGill commented on Aug 30, 2016

    @MartinSGill

    Not sure that applies IANAL but:

    http://opensource.stackexchange.com/questions/2121/mit-license-and-all-rights-reserved

    Suggests it's entirely correct to do that.

  2. LarryWeiss commented on Aug 30, 2016

    @LarryWeiss
  3. jsoref commented on Aug 31, 2016

    @jsoref
    Contributor

    FWIW, I agree w/ @dworzanski ; I've been involved in license discussions with other projects, as well as discussions about writing licenses....

    @dworzanski : as an aside, you probably should run a spell checker against your post in http://opensource.stackexchange.com/questions/2121/mit-license-and-all-rights-reserved .
    (Yes, I'm a bit biased, pretty much all of my contributions to the PowerShell repository are fixing numerous spelling mistakes. The reason to fix spelling mistakes is to make arguments and code easier to read, by decreasing distraction and ambiguity. Such mistakes also decrease from the perceived professionalism of a work and thus decrease the weight of its argument.)

  4. joeyaiello commented on Aug 31, 2016

    @joeyaiello
    Contributor

    IANAL, so I can't make any kind of statement about the content of the thread, but I do wanna let you know we're looking into it internally.

  5. joeyaiello commented on Oct 24, 2016

    @joeyaiello
    Contributor

    Wanted to loop back and let you guys know that, after consulting with our lawyers, we won't be changing the language. The basic gist is that we want to reserve any and all rights not granted by MIT. There's also some other precedent out there for "All rights reserved" being used in MIT.

    @dworzanski: If this is a dealbreaker for you for one reason or another, please let me know here (or we can follow up privately if you like).

  6. jsoref commented on Oct 26, 2016

    @jsoref
    Contributor

    Joey Aiello (@joeyaiello) : fwiw, I don't think that WebRTC calls its license "MIT" or "BSD". I /think/ the license itself is basically BSD w/ the reservation you're using, but in my quick search, MIT doesn't appear anywhere relating to the license. And where it does mention "BSD", it says "like most BSD licenses" instead of saying "this is under the BSD license".

    https://webrtc.org/faq/#what-does-this-license-let-me-do

    Like most BSD licenses, this license allows you to use the WebRTC code with a minimum of restrictions on your use. You can use the code in proprietary software as well as open source software.

    Note: These comments don't mean that I object to the license, I'm just wearing a very detailed oriented hat for the moment.

  7. joeyaiello commented on Oct 26, 2016

    @joeyaiello
    Contributor

    Gotcha. So you guys take more issue with the fact that we're calling it MIT with a slight modification of the language than the language itself? That actually makes sense to me.

    I can't promise a quick turnaround, but I am going to still follow-up to see what we can do here.

  8. jsoref commented on Oct 26, 2016

    @jsoref
    Contributor

    Yes, I believe that's a reasonable summary of our opinions.
    And don't worry about speed. (Everyone w/ even a little bit of experience w/ licenses quickly learns that anything involving them is slow.)

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