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From Roy Fielding <field...@beach.w3.org>
Subject LICENSE mark III
Date Thu, 21 Sep 1995 20:41:50 GMT
As I said, I like the point-by-point clarification.  What I didn't like
was the notion of assigning copyright to all contributors individually
rather than to an umbrella organization (real or imaginary).  I don't
care whether or not it can be defended in court -- we couldn't defend
it even if it was legal to do so.  What matters *most*, in both civil society
and in US Law, is that the *intention* of the copyright owners is clear.

If we as a group agree to call ourselves "the Apache Group", and we then
agree to assign copyright to "the Apache Group" (and require that
copyright be assigned to future patches), then our *intentions* are
perfectly clear and that does hold considerable weight in US Law
(and even more, as I recall, in UK Law).  Lawyers (solicitors) will
indeed advise us to have a stronger protection, but that is because
their job is to *guarantee* our property rights.  Since we don't need
the guarantee, we don't need a lawyer.

Nevertheless, I'll send a copy of the final license to my sister
(an Assistant Attorney General for the State of Washington) so that
she can pick holes in it.  Unfortunately, the AG's office is still in
the dark ages, so it'll have to be by snail mail.

......Roy

Here is what I would suggest as a replacement license:

/* ====================================================================
 * Copyright (c) 1995 The Apache Group.  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. 
 *
 * 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 acknowledgment:
 *    "This product includes software developed by the Apache Group
 *    for use in the Apache HTTP server project (http://www.apache.org/)."
 *
 * 4. The names "Apache Server" and "Apache Group" must not be used to
 *    endorse or promote products derived from this software without
 *    prior written permission.
 *
 * 5. Redistributions of any form whatsoever must retain the following
 *    acknowledgment:
 *    "This product includes software developed by the Apache Group
 *    for use in the Apache HTTP server project (http://www.apache.org/)."
 *
 * THIS SOFTWARE IS PROVIDED BY THE APACHE GROUP ``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 THE APACHE GROUP OR
 * ITS CONTRIBUTORS 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.
 * ====================================================================
 *
 * This software consists of voluntary contributions made by many
 * individuals on behalf of the Apache Group.  A complete list of
 * contributors is given in the CREDITS file included with the source
 * code distribution.  For more information on the Apache Group and
 * the Apache HTTP server project, please see <http://www.apache.org/>.
 *
 */


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