We added it because Yahoo seemed to think it was necessary to be distributed on their CDN as a YUI package.
Anyway, that package isn't maintained and I think the additional license is just confusing for everyone
Let's nuke it and stick with MIT straight up.
Nuke it hard
I’m okay with ditching it. Yahoo is busy undergoing major changes; if they want to keep putting Modernizr in there, the onus is on them to simplify things on their end rather than imposing this kind of restriction on people everywhere, and now would be a good time for them to undergo that change. :)
fixed in #694