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From Paul Richards <p...@netcraft.co.uk>
Subject Re: Questions about Apache License (fwd)
Date Wed, 13 Sep 1995 12:34:30 GMT
In reply to Rob Hartill who said
> 
> 
> If he doesn't hear from us within a week, I've told him to assume he
> can go ahead.
> 
> I can't work out if this acceptable or not.

I laid off the license bashing since you probably had enough of it last time
but the current license is rather meaningless. I'd strongly advise
adopting the BSD license verbatim and just allow unrestricted use.


Ok, let's go through it bit by bit.

/*-
 * Copyright (c) 1995 The Apache Group. All rights reserved.
 * 

Not off to a good start, there's no legal body "The Apache Group". This
copyright is therefore meaningless since it's authorship is indeterminate.

 *
 * Apache httpd license
 * ====================
 * 
 *
 * This is the license for the Apache Server. It covers all the
 * files which come in this distribution, and should never be removed.

Drivel. This license is bloody huge, can we stick to the legal 
necessities.

 * 
 * The "Apache Group" has based this server, called "Apache", on
 * public domain code distributed under the name "NCSA httpd 1.3".
 * 
 * NCSA httpd 1.3 was placed in the public domain by the National Center 
 * for Supercomputing Applications at the University of Illinois 
 * at Urbana-Champaign.
 * 

More unecessary drivel.

 *  "Portions developed at the National Center for Supercomputing
 *   Applications at the University of Illinois at Urbana-Champaign."

Just add this to those files that are derived from NCSA code. I think
those files should also have NCSA copyrights on them with the
author of the changes adding their copyright to mark it as a derived
work.

 * Copyright on the sections of code added by the "Apache Group" belong
 * to the "Apache Group" and/or the original authors. The "Apache Group" and
 * authors hereby grant permission for their code, along with the
 * public domain NCSA code, to be distributed under the "Apache" name.
 * 

More nonsense.

 * Reuse of "Apache Group" code outside of the Apache distribution should
 * be acknowledged with the following quoted text, to be included with any new
 * work;
 * 
 * "Portions developed by the "Apache Group", taken with permission 
 *  from the Apache Server   http://www.apache.org/apache/   "
 *

Is covered by the Berkeley license, see below.

 *
 * Permission is hereby granted to anyone to redistribute Apache under
 * the "Apache" name. We do not grant permission for the resale of Apache, but
 * we do grant permission for vendors to bundle Apache free with other software,
 * or to charge a reasonable price for redistribution, provided it is made
 * clear that Apache is free. Permission is also granted for vendors to 
 * sell support for Apache. We explicitly forbid the redistribution of 
 * Apache under any other name.

Mostly unecessary waffle.


This is the copyright I use

/*
 * Copyright (c) 1995
 *	Paul Richards.  All rights reserved.
 *
 * Redistribution and use in source and binary forms, with or without
 * modification, are permitted provided that the following conditions
 * are met:
 * 1. Redistributions of source code must retain the above copyright
 *    notice, this list of conditions and the following disclaimer, 
 *    verbatim and that no modifications are made prior to this 
 *    point in the file.
 * 2. Redistributions in binary form must reproduce the above copyright
 *    notice, this list of conditions and the following disclaimer in the
 *    documentation and/or other materials provided with the distribution.
 * 3. All advertising materials mentioning features or use of this software
 *    must display the following acknowledgement:
 *	This product includes software developed by Paul Richards.
 * 4. The name Paul Richards may not be used to endorse or promote products
 *    derived from this software without specific prior written permission.
 *
 * THIS SOFTWARE IS PROVIDED BY PAUL RICHARDS ``AS IS'' AND
 * ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
 * IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
 * ARE DISCLAIMED.  IN NO EVENT SHALL PAUL RICHARDS BE LIABLE
 * FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
 * DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS
 * OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION)
 * HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT
 * LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY
 * OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
 * SUCH DAMAGE.
 *
 */

I allow unrestricted usage as long as attribution is made.  There's
nothing to stop Netscape from looking over the Apache sources and
stealing all the best ideas, there's nothing to stop a company
bundling it with another product and as this request shows, it's
not easy to deal with a situation where someone wants to base a
product on top of Apache so in practice you're powerless to stop
people making money from selling Apache and it's better to just
allow unrestricted use. What exactly are you trying to prevent from
happening?

-- 
  Paul Richards, Netcraft Ltd.
  Internet: paul@netcraft.co.uk, http://www.netcraft.co.uk
  Phone: 0370 462071 (Mobile), +44 1225 447500 (work)

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