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From "Alex Karasulu" <aok...@bellsouth.net>
Subject RE: [eve] Event Manager
Date Fri, 05 Dec 2003 04:16:08 GMT
Brian,

Thanks for the info it makes a lot of sense.  I don't intend
to use this code.  It's really straight forward and small in
size so I think we can simply re-implement it using the paper
it was based on.  I posted something like this after realizing
the license issue:

http://nagoya.apache.org/eyebrowse/ReadMsg?listName=directory-dev@incubator.
apache.org&msgNo=317

In the beginning I thought it was do-able since the project uses
the Apache license and all the members were Apache people or about
to be Apache people but I should stop presuming things.

Thanks again,
Alex

> -----Original Message-----
> From: Brian Behlendorf [mailto:brian@collab.net]
> Sent: Thursday, December 04, 2003 10:57 PM
> To: licensing@apache.org
> Cc: Apache Directory Developers List; bloritsch@apache.org
> Subject: RE: [eve] Event Manager
> 
> 
> It is most preferable to have CLAs or software grants from everyone who
> has touched code we are importing into apache.org CVS, there is no doubt
> about that.
> 
> It is not absolutely mandatory, however, so long as the pre-existing
> license on that code grants the necessary rights for a CLA-signing ASF
> commiter to commit that codebase to apache.org CVS.
> 
> A clear example is Henry Spencer's regex package in the apache-1.3 tree.
> Henry himself has not signed a CLA nor a software grant.  However, here is
> his copyright:
> 
> http://cvs.apache.org/viewcvs.cgi/*checkout*/apache-
> 1.3/src/regex/COPYRIGHT?rev=HEAD&content-type=text/plain
> 
> Note that one can follow all the requirements of their Apache CLA, and the
> terms of Henry's copyright, at the same time, there is no conflict.
> 
> This is also why the CLA is not a copyright *assignment*, but simply a
> grant of rights.  Alexei Kosut, who checked in Spencer's regex package
> back in 1995, did not have the right to assign "clear title" to the code
> to the ASF, and he didn't need to.  Yet, the ASF still can do everything
> it needs to do to Henry's package, namely modify and redistribute under
> terms of our choosing following the terms of Henry's copyright.
> 
> Henry's BSD-without-attribution is an easy example; the next easiest to
> look at would be another Apache-licensed product.  Let's assume the author
> did the right thing and correctly labeled themselves in the license,
> rather than claiming that it was the Apache Software Foundation that was
> the copyright holder.  It appears that we could incorporate such code
> without problems, paying attention to any special terms we couldn't use in
> the name of the derivative work (just like derivative works can't call
> themselves Apache) and giving credit where credit is due.  If the authors
> of this non-Apache code didn't replace our names with theirs... then it's
> their loss, not ours.
> 
> Therefore: if the license on d-haven really is either the Apache License
> or a name-replaced equivalent, it is not mandatory to get CLAs from every
> contributor.  It is *preferred* that we get those, so as to provide a
> second layer of defense should anyone make noise about it.
> 
> I am not a lawyer, nor do I pretend to be a final authority on this, but
> this is the the understanding of law under which I would proceed.
> 
> 	Brian
> 
> 
> On Thu, 4 Dec 2003, Noel J. Bergman wrote:
> > Alex Karasulu wrote:
> >
> > > Then we'll start borrowing from [http://sourceforge.net/projects/d-
> haven/]
> >
> > The license is the Apache Software License, and Berin Loritsch is the
> > project manager, but not all of the contributors are Apache Committers,
> > meaning that they don't have CLAs on file with the Foundation.
> >
> > That makes at least three Avalon-related projects on SourceForge using
> the
> > ASL.  Nicola Ken has expressed concern that without a CLA and/or
> software
> > grant, we can't assume that we have clear title to use the code.  Due to
> the
> > SCO lawsuit, people are especially sensitive to making sure that title
> is
> > documented and clean.
> >
> > I am cc'ing licensing@, and hopefully we can get some guidance.
> >
> > 	--- Noel
> >
> >
> > ---------------------------------------------------------------------
> > To unsubscribe, e-mail: licensing-unsubscribe@apache.org
> > For additional commands, e-mail: licensing-help@apache.org
> >



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