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From Emmanuel Bourg <>
Subject Re: Relicensing to the Apache License 2.0 ?
Date Tue, 03 Feb 2004 11:37:45 GMT
Stephen Colebourne wrote:

> No, the ASF owns the code, as it was donated at time of submission.
> Stephen

As i read the CLA and the software grant agreement the ASF doesn't own 
the code, it's just a license agreement and not a copyright transfert. 
That means the ASF is granted by the copyright holder the right to 
"reproduce, prepare derivative works of, publicly display, publicly 
perform, distribute and sublicense" the code, that's most of the rights 
of the copyright holder except the right to register the work to the 
Copyright Office and the right to claim copyright and sue for infringements.

I think it's interesting to compare this situation with the Mozilla 
relicensing. While Netscape was entitled to relicense the work of its 
employees (as the ASF is allowed to relicense the work of the 
contributors who signed the CLA), they spent a significant time hunting 
  down every non-netscape contributor to request the permission to 
relicense their code. IMHO the relicensing to the Apache License 2.0 is 
a similar case.

Emmanuel Bourg

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