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From Jason Hunter <>
Subject Re: IP issues
Date Tue, 04 Jan 2005 19:03:13 GMT
Remy Maucherat wrote:

> Jason Hunter wrote:
>> I do have a CLA on file.  Aren't members required to?  :)
>> That code donation happened while Tomcat was still Sun internal and I 
>> was helping Sun as a contractor.  Those were the good old days before 
>> I was burdened with the knowledge about IP rights that I've since 
>> acquired (as has Remy obviously).  It was even before Jakarta.
>> I'm still fine with the donation.  Technically the code wouldn't be 
>> covered under the CLA since I didn't take action to donate the code to 
>> Apache; it just came over from Sun in the bundle.  I'm happy to go on 
>> record here as giving it a formal stamp of approval, with the one 
>> caveat that I'd like it to retain attribution since the classes have a 
>> life of their own separately.  I believe Apache has policies for 
>> including code with attribution.  Our own license requires 
>> attribution, so we'd better.  :)
> Jumping back to the thread I started since I'm back from vacation ...

And here I thought we put the thread to rest.

> The comment includes "Used by Sun Microsystems with permission.". I 
> don't see any explicit permission for this item 

Please see my email above there I answer this.

> (so AFAIK, we're not 
> covered if we mention we need Sun's permission for that code), 

Correct.  But please see above.

> nor see 
> why we need an exception for such a such a small amount of code.

You need an exception because (a) the code was included from a third 
party codebase and (b) a lot of research and testing went into compiling 
the map used by the mapper.

> I can easily add an @author tag for you in the relevant files, but the 
> comment currently creates a legal doubt.

As I wrote in my email and for the archived record, I want the classes 
to have the recognition that is expected when Apache includes code from 
a third party library that's under a license that requires attribution 
(just like Apache's).

> Note: Many companies and individuals donated more than these 10 lines of 
> code, 

Yes, and I too donated plenty of code to the Tomcat codebase.  But these 
classes I donated (to Sun at the time) with attribution because they 
were from a separate, pre-existing codebase with a life of its own.

If you write a book and include a paragraph from someone else's book 
with permission, you mention it and you point at the source of the 
original work.  You don't just say, "Written by author X" you say, 
"Written by author X as part of book Y, published by Z."  That's why the 
attribution I put on those classes includes the who, what, and where.  I 
see it as the ethical thing to do.


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