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Date: Wed, 06 Aug 2003 08:03:14 -0400
From: Vadim Gritsenko <vadim.gritsenko@verizon.net>
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To: dev@cocoon.apache.org
Subject: Re: MIDI block - copyright issue
References: <F90DC6BE-C7DC-11D7-9EB9-000393CFE402@codeconsult.ch>
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Bertrand Delacretaz wrote:

> Le Mercredi, 6 ao� 2003, � 07:03 Europe/Zurich, Mark Leicester a �crit :
>
>> ...Attached is the block in a zip, and this is the gump entry (I 
>> think this is
>> correct?):
>
>
> I compiled your block and technically everything is ok, great!
>
> I have a problem with the copyright notice of your MIDI generator 
> though, I reproduce it below in case others want to comment.
>
> Question to Mark:
> IIUC your code is based on P.A.Loeb's work and he wants to retain the 
> copyright on it, is that right?
> I don't think the mit-license is a problem as it allows you to do 
> anything with the code, but I'm not sure about the copyright.
>
> Question to the Cocoon team:
> is that ok to have such code here, where parts are copyrighted by 
> non-ASF entities? 


I know of one case, where code copyright holder is ASF but algorithm is 
copyrighted by somebody else (hm, can you (c) an algorithm?). Here is 
the file:
http://cvs.apache.org/viewcvs.cgi/cocoon-2.1/src/java/org/apache/cocoon/util/HashUtil.java?rev=1.2&content-type=text/vnd.viewcvs-markup


> I'm not too comfortable with these legal issues, hopefully someone 
> else can help here.
> Once the legal stuff is ok, I'd be happy to commit the block.


I'm not very comfortable with this either. I think one option would be 
to use P.A.Loeb's work as-is, i.e. add a jar with his classes. Another 
option - and even better - is to ask P.A.Loeb to transfer copyright for 
this particular derivative work to ASF so we can remove (c) notice. We 
can still have an acknowledgement that code based on his work as in 
shown in the example above.

Vadim


> -Bertrand
>
>
> Here's the header of the MIDIGenerator source code:
>
> /*
>  * Created on Aug 2, 2003
>  * by Mark Leicester
>  *
>  * Portions of this code are Copyright (c) 2000, Peter Arthur Loeb
>  * Distributed under the MIT license (see below)
>  */
>
> /*
> The following licence has been copied from
> http://www.opensource.org/licenses/mit-license.html
>
> Copyright (c) 2000, Peter Arthur Loeb
>
> Permission is hereby granted, free of charge, to any person obtaining 
> a copy
> of this software and associated documentation files (the "Software"), 
> to deal
> in the Software without restriction, including without limitation the 
> rights
> to use, copy, modify, merge, publish, distribute, sublicense, and/or sell
> copies of the Software, and to permit persons to whom the Software is
> furnished to do so, subject to the following conditions:
>
> The above copyright notice and this permission notice shall be 
> included in
> all copies or substantial portions of the Software.
>
> THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, 
> EXPRESS OR
> IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
> FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.  IN NO EVENT 
> SHALL THE
> AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
> LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, 
> ARISING FROM,
> OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
> THE SOFTWARE.
> */