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From Simon Phipps <si...@webmink.com>
Subject Re: Question related derivative code based on our Apache licensed code
Date Wed, 04 Jan 2012 14:17:40 GMT

On 4 Jan 2012, at 12:59, Jürgen Schmidt wrote:

> On 1/4/12 1:08 PM, Simon Phipps wrote:
>> My personal opinions on this, naturally:
>> 
>> On 4 Jan 2012, at 11:35, Jürgen Schmidt wrote:
>> 
>>> In detail if a derivative project merge our now Apache licensed code with their
code that was based on the former Oracle licensed LGPL code. This code becomes automatically
Apache licensed, correct?
>> 
>> Probably not, no. The existing LGPLv3 licensed code remains LGPLv3 licensed, and
as a requirement of the LGPLv3 the new code added to it has to be made available under the
LGPLv3 as well. As a consequence, the resulting modified work will be licensed under LGPLv3.
The Apache code that was added remains under the Apache license too (which is OK since there
is no conflict between the terms of the AL and LGPLv3).
>> 
> are you sure?

Pretty sure, yes. Rob and Ross appear to agree.

> For me this special situation seems to be a little bit different. Either you go forward
with the old code and the old license header and can't merge to the new code. Or you move
forward with the new one and keep the new license headers and put your change on a different
license. Where you would make the difference which code is from which code base. For me it
sounds practical impossible because the many thousand files with more or less the same code.
> 
> 
> It is really a special situation, isn't it. It would be interesting to hear what a lawyer
things about it.
> 
> Juergen
> 
> 
>>> If yes, does it mean that we can use the changes on this code in our code as
well if it is publicly available?
>> 
>> No.
>> 
>> 
>> S.
> 


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