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From "Mahesh T. Pai" <>
Subject Re: Proposed Apache v.2.0 License and CLAs
Date Fri, 14 Nov 2003 11:01:36 GMT
Jennifer Machovec said on Thu, Nov 13, 2003 at 11:17:34AM -0500,:

 > placed by *or under the authorization of* the copyright owner (the 

I  have some problems  with these  wordings. What  exactly constitutes
"authorisation of the copyright owner"?

The suggestion,  if accepted,  would result in  putting the  burden of
verifying  that  every  contribution  is actually  authorised  by  the
copyright holder on the users / licensees.

Such verification  would be very difficult where  the copyright holder
is  a large  corporation  (like, ahem,  IBM)  because it  will not  be
difficult for a corporate to  turn around and say "we never authorised
that". The  outsider will be clueless  as to what exactly  the flow of
authority within a corporate entity is. 

OTOH, the word  "placed by the copyright owner"  in the official draft
is more appropriate, because the burden of proving that the person who
purportedly acted  on behalf  of the copyright  holder and  placed the
code under this license did not, in fact have the authority to do so.

  Mahesh T. Pai, LL.M.,                   
  'NANDINI', S. R. M. Road,               
  Ernakulam, Cochin-682018,               
  Kerala, India.                          

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