The H2 Database License is dual licensed under the MPL 2.0 and under the EPL 1.0 with this addendum:
However, nobody is allowed to rename H2, modify it a little, and sell it as a database engine without telling the customers it is in fact H2. This happened to HSQLDB: a company called 'bungisoft' copied HSQLDB, renamed it to 'RedBase', and tried to sell it, hiding the fact that it was in fact just HSQLDB. It seems 'bungisoft' does not exist any more, but you can use the Wayback Machine and visit old web pages of http://www.bungisoft.com.
I have no desire to rebrand the H2 database, but I am curious if this addendum is compatible with either the MPL 2.0 the EPL 1.0. My reading of the MPL and the EPL is that this addendum is not compatible with either license.
The MPL says this:
Each Contributor hereby grants You a world-wide, royalty-free, non-exclusive license: under intellectual property rights (other than patent or trademark) Licensable by such Contributor to use, reproduce, make available, modify, display, perform, distribute, and otherwise exploit its Contributions, either on an unmodified basis, with Modifications, or as part of a Larger Work; and
The EPL says this:
a) Subject to the terms of this Agreement, each Contributor hereby grants Recipient a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, publicly display, publicly perform, distribute and sublicense the Contribution of such Contributor, if any, and such derivative works, in source code and object code form.
- The addendum seems to conflict with both of these excerpts. If the addendum does conflict does it still make sense legally?
- Also this part of the addendum seems legally ambiguous "nobody is allowed to rename H2, modify it a little, and sell it". Do you guys think it is legally valid?
To add more detail to this, the MPL 2 FAQ states that the only restrictions the MPL places on modifying and distributing MPL licensed code are:
- You must inform the recipients that the source code is made available to them under the terms of the MPL (Section 3.1), including any Modifications (as defined in Section 1.10) that you have created.
- You must make the grants described in Section 2 of the license.
- You must respect the restrictions on removing or altering notices in the source code (Section 3.4).
It seems clear that the MPL 2 allows another person to make any changes they want to MPL licensed code (including changing the name of the product) and distribute it as long as they make the code available and don't change the license or copyright on the original code.