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From "Geir Magnusson Jr." <g...@pobox.com>
Subject Re: License of enhanced or transformed code
Date Mon, 28 Apr 2008 11:09:40 GMT

On Apr 28, 2008, at 6:16 AM, rlv j wrote:
>
>> Isn't your software already combined with openjpa, irrespective of  
>> the
>> enhancement?
>
> I believe that 'my software' can be compiled to .class files while  
> being
> clearly not a derivative work because they are separable and only use
> OpenJPA by linking.
>
> Apache License 2 {
> Derivative Works shall not include works that remain separable from,  
> or
> merely link (or bind by name) to the interfaces of, the Work and  
> Derivative
> Works thereof. }

Of course.

>
>
> However, after OpenJPA alters the code of 'my software', is the  
> result under
> Apache License?

I see.  You're wondering if somehow your code is "forced" to be under  
the AL because of this?

First, I'm not a lawyer, I'm speaking as an individual, and the  
following shouldn't be in any way interpreted to be the POV of the  
ASF, or this PMC.

I would say the answer is no.

First, I can't imagine that the modifications made to your class file  
can be construed as a derivative work of OpenJPA, any more than an  
optimizing compiler creates a derivative work of itself when it  
produces object code from your source - it's just a mechanical  
transformation of your data.

Second, such a thing is clearly in conflict with the philosophy behind  
the Apache License - there's no interest in compelling anyone to put  
their code under the Apache License unless they make the decision to  
do so.  While I don't think it's anywhere possible here, in the  
unlikely event there was a situation where such a thing was uncertain,  
I'm sure the PMC or ASF would provide a statement of intent to  
clarify.  Again, I don't think thats necessary here.

geir

>
> -- 
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>


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