Mailing-List: contact dev-help@community.apache.org; run by ezmlm
Precedence: bulk
Reply-To: dev@community.apache.org
MIME-Version: 1.0
In-Reply-To: 
 <CALhtWkcxX5r2XHV1_RPwHaBW+xSQBSHt+HR9zCAGi-qvYLPRFg@mail.gmail.com>
References: 
 <CA+ULb+t=QQWDsKA2nc-mc+nZ0Abkp0cpctdVrapoYWx=0vh0Bw@mail.gmail.com>
	<A0B2A9C7-BCA2-403E-B708-064DB29827CE@jaguNET.com>
	<CALhtWkcxX5r2XHV1_RPwHaBW+xSQBSHt+HR9zCAGi-qvYLPRFg@mail.gmail.com>
Date: Thu, 20 Aug 2015 09:16:07 -0700
Message-ID: 
 <CAAS6=7jP=iWX6j=AniAtykAbjcDuJkQQP3i3UgUVpLj0xZ2Ucw@mail.gmail.com>
Subject: Re: What is the legal basis for enforcing release policies at ASF?
From: Marvin Humphrey <marvin@rectangular.com>
To: dev@community.apache.org
Cc: "general@incubator.apache.org" <general@incubator.apache.org>
Content-Type: text/plain; charset=UTF-8

On Thu, Aug 20, 2015 at 7:23 AM, Benson Margulies <bimargulies@gmail.com> wrote:
> On Thu, Aug 20, 2015 at 9:52 AM, Jim Jagielski <jim@jagunet.com> wrote:
>> Coming in late.
>>
>> A snapshot is not a release. Licenses "kick in" at distribution/
>> release.
>
> Are you sure? When you have a public source control repo, with a
> LICENSE file at the top, I would think that this counts as a legal
> 'publication' under the terms of the license.
>
> if not, just what is the legal status of source code snipped from our
> repositories?

I agree with Jim that "a snapshot is not a release".  I also agree with him
that licenses "kick in" at distribution.  As to whether they kick in at
"distribution/release", I think that's a weird bit of wording, and I would be
surprised if we are not all in agreement here.

There were long threads on this topic back in 2007-2009 on
legal-discuss@apache.

    http://markmail.org/message/jangmpbssvvd73az
    http://s.apache.org/6Wm

    http://markmail.org/message/xietapwmthvvknex
    http://s.apache.org/H6o

Here's are a couple germane points from Roy:

    http://markmail.org/message/vbfjep4r2npkwufa
    http://s.apache.org/aXK

        Copyright law has no concept of software development. So, when a
        lawyer looks at

            http://svn.apache.org/repos/asf/httpd/httpd/trunk/

        what the lawyer (or even layperson) sees is a website.

    http://markmail.org/message/44ezdre3se3ov5nu
    http://s.apache.org/MEC

        > SVN is not a distribution point.

        Of course it is a distribution point. Distribution == copy to someone
        else. It isn't a release (an editorial decision by the ASF).

Marvin Humphrey