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From "Dennis E. Hamilton" <>
Subject RE: An example of the license problems we're going to face
Date Tue, 30 Aug 2011 20:54:38 GMT
Suppose it is concluded that the CC-BY license is toxic with respect to Apache projects.  Or
we restrict ourselves as if it is, just to be safe and protect the interests and integrity
of the ASF.

Fair enough.  So we will not accept material with such licenses into our releases.  They are
third-party works treated as under incompatible licenses.

I am not sure there are dependencies (in the way code has dependencies)on any of those at
the moment, but suppose there are some or we intend for there to be some in the future. 

Now what?

What concrete actions are available on our part?

 - Dennis


Just so we are all on the same page here, a recent version of the license at issue is at <>.

The terms that raise concern about this being non-permissive is the following passage in the
middle of clause 4a:

"When You Distribute or Publicly Perform the Work, You may not impose any effective technological
measures on the Work that restrict the ability of a recipient of the Work from You to exercise
the rights granted to that recipient under the terms of the License."

-----Original Message-----
From: [] On Behalf Of Rob Weir
Sent: Tuesday, August 30, 2011 10:23
Subject: Re: An example of the license problems we're going to face

On Tue, Aug 30, 2011 at 1:15 PM, Dennis E. Hamilton
<> wrote:
> Let me get this straight,
> I store all of my materials, downloaded user guides and whatnot on an
encrypted hard drive, and that places me in violation of the CC-BY?
> That's ridiculous.

That would be ridiculous.  But if you read the license you would see
that the issue is with publication.  So if you published the work on a
device that had tamper proof storage (sealed storage) that prevented
access to the files accepted through a given trusted process, then
that would be a violation.

[ ... ]

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