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From Paul Richards <p...@netcraft.co.uk>
Subject Re: New license
Date Sat, 16 Sep 1995 01:01:43 GMT
In reply to Beth Frank who said
> 
> Rob can't claim copyright on it because
> 	1. He was paid by the Univ. of IL to produce the code, so
> 		if anyone owns the copyright, it's the U of I 
> 		board of trustees.  (I think it falls under the
> 		general employment contract.)

This is true.

> 
> 	2. U of I granted it to the public domain.  I couldn't find
> 		the 1.3 copyright, but here's the relevant portions
> 		of the 1.4 copyright with modifications for Apache.
> 
> Portions developed at the National Center for Supercomputing
> Applications at the University of Illinois at Urbana-Champaign.
> This code is based on NCSA HTTPd 1.3 by Rob McCool.
> 
> This code is in the public domain. Specifically, we give to the public
> domain all rights for future licensing of the source code, all resale
> rights, and all publishing rights.
> 

I believe the code can be copyrighted as a derivative work if
changes are made to it and since the original sources are in the
public domain anyone who makes these changes can copyright it. I
suggested Rob because he's the one who wrote the stuff in the first
place. As far as Apache is concerned,for there to be a more
restrictive license someone has to hold the copyright and Rob seemed
a reasonable person to do so given that he wrote it :-)

I have to say again that I am not a lawyer and some of this is
getting very technical, a lot of theses issues have been dealt with
previously in FreeBSD but public domain code is not something I'm
familiar with and if someone is truly concerned about this they
should discuss it with a lawyer.  If Beth has access to legal advice
easily I'd be interested in having this stuff checked out.

-- 
  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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