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From Jim Jagielski <...@jaguNET.com>
Subject Re: dist size (was Re: cvs commit: apachen/htdocs/manual LICENSE)
Date Sun, 19 Oct 1997 23:39:39 GMT
Marc Slemko wrote:
> 
> On Sun, 19 Oct 1997, Randy Terbush wrote:
> 
> > No. The license needs to appear in the source files to remove all 
> > doubt. There are enough questions about the license as it is.
> 
> That's because the license doesn't make sense.
> 

As far as I know, no lawyer that we have directed to look
at the LICENSE has gone through it scratching their heads and
muttering.

I'm not a lawyer, and don't even play one on TV, but in any case
let's step through it...

/* ====================================================================
 * Copyright (c) 1995-1997 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:

People are allowed to redistribute Apache (either source and/or
code) as long as the follow the below conditions. This applies even
if they modify the source. Why? To prevent people from recompiling
Apache and changing SERVER_BASEVERSION to "Jim's Super Web Server 1.0"
and snubbing Apache.

 *
 * 1. Redistributions of source code must retain the above copyright
 *    notice, this list of conditions and the following disclaimer. 

If someone redistributes the code, for example on a CD-ROM, the LICENSE
must be included as well. AFAIK this can be either in the CD-ROM or
on hardcopy documentation provided with the CD-ROM. It also implies
that LICENSE may not be deleted in the distribution unless it's replaced
by a written copy.

 *
 * 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.
 *

If someone provides a binary of Apache, then LICENSE must be provided
in some "obvious" location so that someone using the binary will
be aware of it.

 * 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/)."

A good example is Tenon's WebTen product, which is a "port" of
Apache to the Macintosh. On press releases and magazine ads, Tenon is
required to include the above acknowledgement.

 *
 * 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. For written permission, please contact
 *    apache@apache.org.

Again, a good example is WebTen. Tenon was not allowed to describe
with such phrases as "The world famous Apache Server now on the Macintosh"
without obtaining approval from us. This is to prevent the power
and pull of the phrases "Apache Server" and "Apache Group" (<g>)
from being used to promote crappy stuff, unless we say OK.

 *
 * 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/)."

No matter how Apache is distributed, we want it known that the
Apache sections of it originated with us.

 *
 * THIS SOFTWARE IS PROVIDED BY THE APACHE GROUP ``AS IS'' AND ANY
 * EXPRESSED 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.

You can't sue us if Apache bombs on you.

 * ====================================================================
 *
 * This software consists of voluntary contributions made by many
 * individuals on behalf of the Apache Group and was originally based
 * on public domain software written at the National Center for
 * Supercomputing Applications, University of Illinois, Urbana-Champaign.
 * For more information on the Apache Group and the Apache HTTP server
 * project, please see <http://www.apache.org/>.
 *
 */

The general thought is to ensure that the Apache Group is given the
due and notice deserved if people distribute the source/code or use
the source/code to develop something that is substantially based on
our efforts. Since the source and code is free, and we aren't in this
for the money (and don't get any money by doing it), all we want is
some consideration :)

-- 
====================================================================
      Jim Jagielski            |       jaguNET Access Services
     jim@jaguNET.com           |       http://www.jaguNET.com/
            "Look at me! I'm wearing a cardboard belt!"

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