Most importantly, the NPL allows changes from third-party contributors to be relicensed under proprietary terms, by the original license issuer (e.g.: one named party). MozPL does not -- developers essentially share more-or-less equally in their power under the license. MozPL is a pretty good commercial license. I think.

--
Karsten M. Self <kmself@ix.netcom.com>

Enhydra is releasing their Enhydra Server under the EPL, which is
apparently based off of the MozPL 1.0. 

http://www.enhydra.org/software/license/index.html 
http://www.enhydra.org/software/license/epl.html 

Obvious changes from MozPL 1.0:

 - 3.2 Requirement for original developer notification:

        >>>>>>>> add
        You are responsible for notifying the Initial Developer of the
        Modification and the location of the Source Code if a contact
        means is provided.  Lutris will be acting as maintainer of the
        Source Code and may provide an Electronic Distribution mechanism
        for the Modification to be made available.  You can contact
        Lutris to make the Modification available and to notify the
        Initial Developer.  ( http://www.lutris.com/ )
        ========
        You are responsible for ensuring that the Source Code version
        remains available even if the Electronic Distribution Mechanism
        is maintained by a third party.
        <<<<<<<< delete

 - 3.6 (Distribution of Executable Versions) added language to end:

        If you distribute executable versions containing Covered Code,
        you must reproduce the notice in Exhibit B in the documentation
        and/or other materials provided with the product.


 - 6 (Versions of the License)  Several reference changes from Netscape,
   etc. to Lutris, etc.

 - 11 (Miscellaneous) -- Jusrisdiction same, venue moved to San
   Francisco county from Santa Clara County.  Same arbitration authority
   is retained, FWIW -- JAMS/EndDispute.

 - Exhibit B -- new section noting that derived product contains the
   original work.  Looks like a trademarks and liabilities rider from
   their legal team.

------------------------------------------------------------------------

Commentary:

First, the choice of MozPL 1.0 rather than 1.1 denies Lutris of a number
of useful changes to the MozPL, in particular the termination language
of MozPL 1.1 which provides significant power to individual developers,
and the dual licensing provisions.

The 3.2 change is a gratuitous addition which potentially creates
downstream obligations to Lutris for diverse projects licensed under EPL.
Specifically, if the EPL becomes widely adopted, a large body of work
emerges which is obliged to notify Lutris of updates and modifications.
This is unlikely, but annoying.  The clause is a change above and beyond
the venue and license version data which must be changed in any
adaptation of the MozPL 1.0 or 1.1.

The 3.3 language and associated Exhibit B are somewhat similar in nature
to the BSD advertising clause.  I'm not sure they're inherently bad, but
there is little additional information (and potentially little relevance)
to the Exhibit B notice.  It strikes me as extraneous.

The section 6 language is an obligitory change.  

I'd say the same for section 11, except to note that the distinction
between San Francisco and Santa Clara counties seems almost sufficiently
small to have allowed the latter to stand.  Still, a likely dimension of
variance.

EXHIBIT B appears to me to be entirely redundant and an unnecessary
deviation from the MozPL:

 - Trademarks can be dealt with externally to the software license, and
   there is no need to reference the external document.  A notice that
   no right to trademarks of the original or contributing developers is
   granted should be sufficient.  See MozPL v1.1 2.1(a) and 2.2(a), and
   AMENDMENTS.

 - The copyright notice is already included in Exhibit A, which is
   required for binary distribution under 3.5.

 - The disclaimer of warranty duplicates what is already in the
   license.  It is also not multilateral, and provides uneven protection
   to Lutris vis-a-vis third party contributors to the codebase.