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From "Michael Segel" <mse...@segel.com>
Subject RE: Proposal for 10.2 release schedule
Date Sun, 25 Jun 2006 20:24:10 GMT

> -----Original Message-----
> From: Jean T. Anderson [mailto:jta@bristowhill.com]
> Sent: Sunday, June 25, 2006 9:38 AM
> To: Derby Discussion
> Subject: Re: Proposal for 10.2 release schedule
> Daniel John Debrunner wrote:
> > derby@segel.com wrote:
> >>>-----Original Message-----
> >>>From: Daniel John Debrunner [mailto:djd@apache.org]
> >>>
> >>>The original contribution of Derby was from IBM, hence IBM has the
> >>>copyright on all those original files. The ASF policy is not to have
> >>>individiual copyright statements in each source file and the new policy
> >>>(I think) is to remove the copyright statement in each source file,
> >>>leaving just the reference to the Apache Licence in the source file.
> >>>
> >>>Dan.
> >>
> >>
> >>[mjs]
> >>That would not be a good idea, and I suggest that you have IP attorneys
> from
> >>IBM make a final recommendation on this. (No need for Apache to spend
> money
> >>if IBM has the resources and its in IBM's best interest to do
> something.)
> >>
> >>Here's why:
> >
> > <legal stuff snipped>
> >
> > Michael, you should probably check out the legal-disucss mailing list
> > archives, I'm sure all of this was covered.
I'd rather watch the World Cup. Or maybe have a root canal. ;-)

> It might be helpful for derby-user as a whole to understand that the
> Apache Incubator requires resolving any ip issues *before* a project
> graduates from the Incubator. Lots of information is at
> http://incubator.apache.org/  . A project simply won't graduate if there
> is a pending legal matter. After graduation, legal oversight continues
> by the project's PMC (Derby is a subproject of the DB PMC).
>  -jean
[mjs] Uhm
Maybe I'm not being clear.
Derby may have graduated from Incubator status, but that doesn't mean that
the potential for copyright infringement or theft of IP issues are completed
and done with.

If I'm not mistaken, there's a lot of feature requests. It's possible that
in solving a feature request, an IP/Copyright violation may occur, or the
threat of litigation arising from a contribution can occur.

My point is that you're going to want to leave as much detail that is in the
code as possible.

The reason is that its easier to defend against any lawsuit or to identify
the potential violator.
(Sure you can go through the source code tree, but even then, you may have

Here in the US, we live in a society that has too many lawyers....

Even if someone wrote some code from scratch, yet it has many similarities
to some source code that is copyrighted, you're going to have the potential
of litigation.

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