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From Stephen McConnell <mcconn...@apache.org>
Subject Re: licensing issues revisited
Date Mon, 21 Oct 2002 12:15:56 GMT


Leo Simons wrote:

>Dear all,
>
>a while ago we had a discussion about the license header in source
>files. It has been resolved and decided by the authorities that be that
>we should put the full license in every source file (at least until v1.3
>of the license see light of day IIUC).
>
>We've been quite sloppy in doing this properly at avalon. Large parts of
>our code still have the short header, other parts have the long header
>but no copyright message (meaning the license is mostly void). We need
>to give this priority as it strongly reduces the strength of the apache
>legal position, and could potentially really be a big problem for the
>ASF (if anyone ever sues over this, we will all have contributed to ASF
>bankrupcy).
>
>Just as a recap, _all_ source files in apache CVS need to include the
>full license at the very top, and they must include a copyright notice
>which _fully_ attributes the copyright to the apache software
>foundation. The copyright notice _must_ be dated for it to be
>unambiguous.
>
>Dual copyright notices are _not_ allowed if the code is to live in
>avalon CVS. A notice "based on an original contribution by..." or
>however that goes is possible, but a considerable amount of legal papers
>must be signed by all parties involved for that to happen I believe.
>  
>

The version 1.1 license template on the Jakarta site
http://www.apache.org/LICENSE shows what I consider to be a totally
valid attribution of credit to a source.

Example from 1.1 LICENSE

   "Portions of this software are based upon public domain software
   originally written at the National Center for Supercomputing
   Applications, University of Illinois, Urbana-Champaign."
 
I understand that the question of copyright potentially introduces
legal paperwork, however, attribution of credit is a seperate aspect.

  * On copyright there are different issues depedending on the
    applicable law under which the original work is created - for
    example, under French law copyright is held by the "creater"
    and rights are typically assigned (i.e. it's not a totally
    black-and-white story).

  * A second point concerns the use of code licensed under "Apache
    style licenses" on which dirivative work is produced (as is
    the case of the avalon-apps/enterprise/pss package).  The
    license used within the Tomcat code has a placeholder to
    inclusion of prior license information - which I think would be
    appropriate place to reference such things as the EXOLAB license
    related to the PSS content.

Any additional information from legal@apache.org on the above two
points would be approciated.

Anyhow, irrepective of the above - there is a lot of cleaning up that
can be done which will at least bring things closer to the model.

Cheers, Steve.

>The attached file is a sample valid license. The date can either be in
>the form of a year, or in the format of two years separated by a dash,
>or in the form of a list of years separated by a comma and a space. The
>current filtering setup in place at some points using ant and @year@ for
>filling in the year is thus also unacceptable I believe.
>
>Clause 4 of the license may be modified to include additional reserved
>terms, as was done here from the normal v1.2 license by including the
>terms "Jakarta" and "Avalon".
>
>Also note the use of comment tags is allowed, ie enclosing the license
>in <!-- --> for xml files or /* */ for source files.
>
>I am not a lawyer and the above is not to be taken as legal advice. It
>may not be accurate.
>
>I am CCing this to legal@apache.org so that they may take appropriate
>action if it is neccessary, or so they can correct things I might have
>not outlined properly. (Legal people, if the above is correct and any
>special action is not neccessary at this point, please ignore this
>message :)
>
>cheers,
>
>Leo
>
>  
>
>------------------------------------------------------------------------
>
>/*
>
> ============================================================================
>                   The Apache Software License, Version 1.1
> ============================================================================
>
> Copyright (C) 1997-2002 The Apache Software Foundation. All rights reserved.
>
> Redistribution and use in source and binary forms, with or without modifica-
> tion, are permitted provided that the following conditions are met:
>
> 1. Redistributions of  source code must  retain the above copyright  notice,
>    this list of conditions and the following disclaimer.
>
> 2. Redistributions in binary form must reproduce the above copyright notice,
>    this list of conditions and the following disclaimer in the documentation
>    and/or other materials provided with the distribution.
>
> 3. The end-user documentation included with the redistribution, if any, must
>    include  the following  acknowledgment:  "This product includes  software
>    developed  by the  Apache Software Foundation  (http://www.apache.org/)."
>    Alternately, this  acknowledgment may  appear in the software itself,  if
>    and wherever such third-party acknowledgments normally appear.
>
> 4. The names "Jakarta",  "Avalon" and "Apache Software Foundation"  must not
>    be used to endorse or promote products derived from this software without
>    prior  written   permission.   For  written  permission,  please  contact
>    apache@apache.org.
>
> 5. Products  derived from this software may not  be called "Apache", nor may
>    "Apache" appear  in their name,  without prior written permission  of the
>    Apache Software Foundation.
>
> THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
> INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
> FITNESS  FOR A PARTICULAR  PURPOSE ARE  DISCLAIMED.  IN NO  EVENT SHALL  THE
> APACHE SOFTWARE  FOUNDATION  OR ITS CONTRIBUTORS  BE LIABLE FOR  ANY DIRECT,
> INDIRECT, INCIDENTAL, SPECIAL,  EXEMPLARY, OR CONSEQUENTIAL  DAMAGES (INCLU-
> DING, BUT NOT LIMITED TO, PROCUREMENT  OF SUBSTITUTE GOODS OR SERVICES; LOSS
> OF USE, DATA, OR  PROFITS; OR BUSINESS  INTERRUPTION)  HOWEVER CAUSED AND ON
> ANY  THEORY OF LIABILITY,  WHETHER  IN CONTRACT,  STRICT LIABILITY,  OR TORT
> (INCLUDING  NEGLIGENCE OR  OTHERWISE) ARISING IN  ANY WAY OUT OF THE  USE OF
> THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
>
> This software  consists of voluntary contributions made  by many individuals
> on  behalf of the Apache Software  Foundation.  For more  information on the
> Apache Software Foundation, please see <http://www.apache.org/>.
>
>*/
>  
>
>------------------------------------------------------------------------
>
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>

-- 

Stephen J. McConnell

OSM SARL
digital products for a global economy
mailto:mcconnell@osm.net
http://www.osm.net




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