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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, 
http://www.gnu.org/philosophy/enforcing-gpl.html.

Daniel John Debrunner wrote:

<snip>

> 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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