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Date: Thu, 09 Oct 2008 21:49:49 -0500
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Subject: Re: Apache httpd 2.2.10 test tarballs available...
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Jim Jagielski wrote:
> 
> On Oct 8, 2008, at 4:44 PM, Paul Querna wrote:
> 
>> So.... Can we ask the mod_fcgid project if we could import it?
> 
> If they are willing to change the license :)

You totally miss the point.  We aren't entirely clear if this author even
has the IP they claim to have (talk about IP import processes).

He claims GPL.  He adds no restrictions, and;

  6. Each time you redistribute the Program (or any work based on the
Program), the recipient automatically receives a license from the
original licensor to copy, distribute or modify the Program subject to
these terms and conditions.  You may not impose any further
restrictions on the recipients' exercise of the rights granted herein.
You are not responsible for enforcing compliance by third parties to
this License.

however, if the work was at all based on the code authored by the crew
for mod_fastcgi, as opposed to the coding logic of mod_fastcgi, we have;

--------------------
This FastCGI application library source and object code (the
"Software") and its documentation (the "Documentation") are
copyrighted by Open Market, Inc ("Open Market").  The following terms
apply to all files associated with the Software and Documentation
unless explicitly disclaimed in individual files.

Open Market permits you to use, copy, modify, distribute, and license
this Software and the Documentation solely for the purpose of
implementing the FastCGI specification defined by Open Market or
derivative specifications publicly endorsed by Open Market and
promulgated by an open standards organization and for no other
purpose, provided that existing copyright notices are retained in all
copies and that this notice is included verbatim in any distributions.

No written agreement, license, or royalty fee is required for any of
the authorized uses.  Modifications to this Software and Documentation
may be copyrighted by their authors and need not follow the licensing
terms described here, but the modified Software and Documentation must
be used for the sole purpose of implementing the FastCGI specification
defined by Open Market or derivative specifications publicly endorsed
by Open Market and promulgated by an open standards organization and
for no other purpose.  If modifications to this Software and
Documentation have new licensing terms, the new terms must protect Open
Market's proprietary rights in the Software and Documentation to the
same extent as these licensing terms and must be clearly indicated on
the first page of each file where they apply.

Open Market shall retain all right, title and interest in and to the
Software and Documentation, including without limitation all patent,
copyright, trade secret and other proprietary rights.

OPEN MARKET MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE
SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  IN
NO EVENT SHALL OPEN MARKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DAMAGES ARISING FROM OR RELATING TO THIS SOFTWARE OR THE
DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR
LOST DATA, EVEN IF OPEN MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.  THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS".
OPEN MARKET HAS NO LIABILITY IN CONTRACT, TORT, NEGLIGENCE OR
OTHERWISE ARISING OUT OF THIS SOFTWARE OR THE DOCUMENTATION.
----------------------

which is altogether out of sorts with either the GPL or the AL.

So before we ask the authors if they would relicense, we first need to
ask them if they've offered a legitimate license in the first place.