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From TOKI...@aol.com
Subject Contributions...
Date Wed, 01 Nov 2000 03:53:57 GMT

In a message dated 00-10-31 21:27:30 EST, Roy Fielding writes.

> Let's just act like adults

Yea. Let's do that.

You are all over the place on this one Roy,
and the development forum is not the place for this.

If you are really having legal problems with anything
RCI is doing related to its effort to contribute code to
a supposedly public and open-source programming effort
then you tell those lawyers of yours to give ours a call.

In the meantime... 

1. The 'feather' on the mod_gzip home page is now, as
you suggested, the one from the freely available logo 
that is distributed with the Apache Web Server and 
clearly designated 'free for you to use'.

2. The fact that you believe there is ANYTHING even remotely
related to patents either held or pending by RCI in mod_gzip
or the Enhanced ApacheBench that now supports both
IETF Content-decoding and chunked transfers means you
simply haven't even looked at the code.

3. The reason YOUR copyright is on mod_gzip is 
because we DID 'contribute' the code. It was uploaded
to your development forum. It's sitting on your hard
drives. It was 'announced' publicly as 'free for your taking'.
No one objected. It's yours. I think you are confusing 'contributed'
with 'accepted'. There are tons of uploads that most certainly
are 'contributions' to your project that just simply haven't
been 'accepted' yet. mod_gzip is only one of our 'contributions'
and it most certainly hasn't been 'accepted.'
It hasn't even been looked at.... but unless you can 
spell out for me exactly what 'contributed' really means
as you see it... then it most certainly is and remains
'contributed' to the Apache Software Foundation.
If you can prove it has NOT been 'contributed' (in a legal sense)
and this constitutes equally clearly defined legal ground for 
removing the name 'Apache' from the license at the top of the 
code then please do so in writing ( and I don't mean email ). 
Address all correspondence to RCI corporate address.
We WANT an 'Apache style' license on this code and we
will fight to keep it. If that means just removing the name
'Apache' from the license so be it but the license itself stays.
We need all submissions on this issue in writing.

4. We will always use the phrase 'for Apache' and not
put the word 'Apache' in FRONT of anything which our
own lawyers now agree could be mistaken for implied
'ownership'. It was never our intent to imply that any of 
our products are coming directly from Apache. It would 
be nice... since they are 'for Apache'... but getting code 
submitted and even looked at these days is nigh on 
impossible.

If you don't improve that process or at least speed it
up you are 'Dead Men Walkin'.

Yours
Kevin Kiley
CTO, Remote Communications, Inc.





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