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From Jason Rimmer <jrim...@irth.net>
Subject Re: [PATCH] Change Copyright notice to ASF
Date Mon, 13 Sep 2004 19:15:35 GMT
	I've been operating under the assumption that 'donation' of code to 
Apache included the assignment of copyright.  I believe this is what 
happened with the Sun donated Tomcat code, and perhaps others.
	I confess I'm unable to find mention of any such policy on any Apache 
documents therefore I may be mistaken.  According to what I have found 
copyright assignment is not necessary though conformance/relicensing 
with the Apache license is.  The closest I've found to a determination 
in this respect for the Derby project is RuS' mention of: 'IBM 
contributes the Cloudscape code to the ASF, including copyright 
licensing and so forth. The result is called Apache Derby.' at 
http://ken.coar.org/burrow/?day=2004-08-03.  Unfortunately 'copyright 
licensing' is a phrase whose interpretation is beyond my meager 
knowledge of copyright law.  Does this indicate simply a relicensing of 
the copyright or is there more to it?
	If the Apache Foundation doesn't maintain copyright can it effectively 
defend Derby's license?  I recall this being an issue for any code 
contributed to FSF leading to any such contribution having the copyright 
assigned to the FSF.  More information is available here, 

Daniel John Debrunner wrote:


> I believe that since the copyright is IBM's, the original (IBM's)
> statement of copyright (not licence) should remain. The original comment
> in each java file is like
>    Licensed Materials - Property of IBM
>    Cloudscape - Package org.apache.derby.authentication
>    (C) Copyright IBM Corp. 1998, 2004. All Rights Reserved.
>    US Government Users Restricted Rights - Use, duplication or
>    disclosure restricted by GSA ADP Schedule Contract with IBM Corp.
> The 'Licensed Materials - Property of IBM', 'All Rights Reserved' and
> 'US Government ...' are licensing terms and can be removed and replaced
> as Jonas says above. Which leaves
>    Cloudscape - Package org.apache.derby.authentication
>    (C) Copyright IBM Corp. 1998, 2004. All Rights Reserved.
>    Licensed under the Apache License, Version 2.0
>    [remainder of standard Apache text as in Jonas's e-mail]
> Not sure what should be done about the 'Cloudscape ...' line, it's
> described as a unique identifer in the IBM copyright guidelines.
> Dan.
<key snip>

Jason Rimmer
jrimmer at irth dot net

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