ASP.Net MVC 3 Script license WTF?!

I had a few breaks between visits so I decided to re-write some of my old work in MVC 3 and Razor. I was going through all the included files in the Scripts folder when I came across Modernizr. I admit that I haven’t really looked into it that much since most of my client work involves CSS2 and XHTML, not CSS3 and HTML5. And the few times I needed HTML5 compatibility for <video> and such it was included as needed.

For the record, Modernizr is offered under a BSD/MIT license.

Imagine my surprise when, in Visual Web Developer Express 2010, I opened up modernizr-1.7.js to find this on top :

/*!
* Note: While Microsoft is not the author of this file, Microsoft is
* offering you a license subject to the terms of the Microsoft Software
* License Terms for Microsoft ASP.NET Model View Controller 3.
* Microsoft reserves all other rights. The notices below are provided
* for informational purposes only and are not the license terms under
* which Microsoft distributed this file.
*
* Modernizr v1.7
* http://www.modernizr.com
*
* Developed by:
* - Faruk Ates  http://farukat.es/
* - Paul Irish  http://paulirish.com/
*
* Copyright (c) 2009-2011
*/

After that, I looked into the rest of the included script files and I found the same in jQuery and jQuery UI as well and they are originally MIT/GPL . Now I’ve either been living under a rock (actually living “out-of-town” for a while) or this is a sudden inclusion not present in any pre-MVC3 projects because I don’t recall seeing anything like this before.

So Microsoft is re-licensing the original code because it is included with an MVC 3 project template? Can they even do that even though the files are included in their project template (what about consent form the original authors)? Is this only because it was included in the template or does it also apply when I use the original code instead of the provided copies as long as I’m still using it with other Microsoft provided script files?

I really don’t like seeing surprises like this because it’s not a technical problem; It’s a legalese problem and I really hate to have to choose code based on licenses. I’m now tempted to simply delete the entire contents of the Scripts folder and download everything from scratch.

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