License Unclear

[EndeavourAccuracy]

At the bottom of your website http://modernizr.com/ it says: "Copyright © 2009—2013. Modernizr is available under the MIT license."

On http://modernizr.com/license/ it mentions the "MIT License" and has the full text of (just) that license.

At https://github.com/Modernizr/Modernizr/blob/master/LICENSE it mentions (just) the "MIT" license.

In the .js file itself, it says "MIT & BSD".

According to http://modernizr.com/releases/ "Modernizr is dual-licensed MIT-BSD as of version 1.5."

In my opinion, both the website and the LICENSE file could/should be updated to include a BSD license.

The are several BSD licenses - see http://en.wikipedia.org/wiki/BSD_licenses - and while the 3-clause and 2-clause variants are GPL-compatible (says FSF) and open source (says OSI), the 4-clause version is not and includes an advertising clause.

According to Alex Sexton (on IRC) Modernizr was dual-licensed after user requests. Is the 4-clause version what (these) users want, and is it the BSD license you picked for Modernizr?

Can someone who knows the details update the website and LICENSE file?
Thanks.

[patrickkettner]

@SlexAxton was incorrectamundo (assuming this was a recent conversation). See #679
The only mention of BSD is on the releases page, which as it states at the top

Note: This page is no longer being updated. It remains here for posterity.

[EndeavourAccuracy]

Either way, I'm still correctamundo. :)
The .js file you're generating for visitors...
http://modernizr.com/download/#-shiv-cssclasses-load
...says "MIT & BSD", and the latest development version...
http://modernizr.com/downloads/modernizr-latest.js
...says "Available under the BSD and MIT licenses".
I also noticed that the <title> at http://modernizr.com/license/ still says "Modernizr MIT/BSD License".

The only mention of BSD is on the releases page, [...]

BSD is mentioned in the .js files. I'm pretty sure this requires your (you folks') attention. IANAL (yet), but until you change this, Modernizr may continue to be dual-licensed, contrary to what you think or want.

[stucox]

The BSD licence was removed in this commit – https://github.com/sindresorhus/Modernizr/commit/5c5c47111e9d856842e75f2289b589475c8134a2 – which was after v2.6.2 (the current version on the website) was released, although the licence page on the website was updated at the same time – maybe that was a mistake.

Thanks for pointing out the <title> at http://modernizr.com/license/ – I've corrected that.

v3.0 will be MIT only and we'd encourage users of 2.6.2 to choose MIT rather than BSD, although you're right that while the JS file for 2.6.2 builds still say "MIT & BSD" you may use it under a BSD 3-clause licence if you wish.

Note that builds including Modernizr.load bundle in YepNope.js, which itself has separate licence terms: it's tri-licenced WTFPL, MIT & BSD.

[patrickkettner]

@stucox was there anything left to be done here?

[patrickkettner]

closing, becuase I think we are good. ping @stucox and @paulirish in case I am being dumb and missing something.

[stucox]

👍 Hopefully this has clarified things.