14. Definition of

14. Definition of "You" in This License

Both OSL and AFL

"You" throughout this License, whether in upper or lower case, means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. For legal entities, "You" includes any entity that controls, is controlled by, or is under common control with you. For purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise , or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.

Every license has to identify the parties. The first paragraph of the OSL/AFL identifies parties as the Licensor and You . Section 14 defines the word You .

Everyone understands that a licensee can be an individual. It can also be a legal entity , such as a corporation or partnership. The OSL is clear that all parts of an entity, the controlling parts, the controlled parts, or parts under common control (e.g., holding companies, subsidiaries, divisions of the same company) are collectively treated as a single licensee.

This has important legal consequences: The creation and distribution of derivative works strictly within the organizational parts of a single licensee company is not a distribution for purposes of the reciprocity obligation. All such parts are a single You.

Comparison to Other Licenses

This OSL/AFL provision is essentially copied from the MPL section 1.12, the definition of You .

The BSD license doesn't identify the second party to the license. It is assumed to be everyone .

The MIT license extends to any person .

The Apache license doesn't identify the second party to the license. It is assumed to be everyone .

The Artistic license defines You as "you, if you're thinking about copying or distributing this Package." As I snidely commented when discussing the Artistic license in Chapter 5, this provision is ridiculous.

The GPL states that each licensee is addressed as " you". (GPL section 0.)

The CPL refers to Recipient , defined as anyone who receives the Program under this Agreement .