From: Paul Richards <paul@netcraft.co.uk>
Message-Id: <199509131541.QAA04818@server.netcraft.co.uk>
Subject: Re: Questions about Apache License (fwd)
To: new-httpd@hyperreal.com
Date: Wed, 13 Sep 1995 16:41:05 +0100 (BST)
In-Reply-To: <9509131507.AA03369@void.ncsa.uiuc.edu> from "Beth Frank" at Sep
 13, 95 10:07:39 am
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In reply to Beth Frank who said
> 
> 
> I wonder if "the Apache Group" could be registered as a non-profit
> organization?
> 

If someone incorporates it yes. The XFree86 group did exactly this and
the *BSD groups have been looking into it too.

> 
> Technically true, but of dubious enforcement value.  It is easier to
> prove that something without an explicite copyright statement has reverted
> to the public domain or was intended to be placed there.
> 

Possibly, but these are all things that would have to be resolved by a legal
ruling and as a general principle I treat anything without an explicit
copyright and license as being off limits since the letter of the law
states as much.

> > which is why I was so concerned about the original NCSA sources. You will
> > not lose the copyright if you don't defend it. It's rather hard to enforce
> > licensing restrictions without the legal muscle to do so though.
> 
> I think you're wrong here.  If you don't defend a copyright (eg you know
> of a violation and don't do anything about it) there is legal precident
> for an arguement that it has lapsed into the public domain.  Legal warned
> us that once we copyright the code, we have to notify them if we discover
> anyone violating the copyright.

Ok, that sounds right, especially since your Legal says so :-) When it
comes down to it I'm not a lawyer, I've just been involved in these
processes a lot.

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