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From Tony Sanders <sand...@bsdi.com>
Subject Re: New license
Date Mon, 18 Sep 1995 02:27:03 GMT
Paul Richards writes:
> In reply to Tony Sanders who said
> > 
> > Paul Richards writes:
> > > I'm not going to change the license and copyright on code that
> > > clearly isn't mine and I've got no idea who did what. For the NCSA
> > > code, either it stays in the public domain and any Apache patches
> > > go into the public domain with it,
> > Why is that?  If you put the Apache copyright on it then it's
> > copyrighted.  The fact that there is a varient in the public domain
> > doesn't invalidate the copyright on the published work that is
> > claiming a copyright (I'm not a lawyer but I believe this is so).
> > 
> There is a difference between a copyright and a license. I can't change
> a copyright, in fact no-one can. The author has the copyright. 
> (Beth is correct in that if you are working for someone then the person
> paying for your time owns the copyright, in most cases). I can't put a 
> license on someone else's code unless it's a case of my adding a license
> for a derivative work, but even in that case the original code isn't
> covered by the new license.
> 
> There's no such thing as an Apache copyright. We're trying to agree on an
> Apache license which authors may use to license their code if they so wish.

I think you missed my point.  You said "For the NCSA code, either
it stays in the public domain and any Apache patches go into the public
domain with it".  And I am saying that this is wrong, if you slap
a copyright on the NCSA code and publish it then you own the copyright
*on the copy you publish* and any modifications to the original.

My major point being, the Apache patches do not fall into the public
domain unless the author explicitly places them in the public
domain.  Therefore, there is no problem with placing whatever
copyright and license you want on the NCSA source files (though
it would only make sense to do this on files with modifications).

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