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From Dirk-Willem van Gulik <di...@webweaving.org>
Subject Re: Is ASL2.0 not "GPL-compatible" ??
Date Tue, 21 Dec 2004 20:59:16 GMT

On Tue, 21 Dec 2004, robert burrell donkin wrote:

> > On Tuesday 21 December 2004 00:02, Nicola Ken Barozzi wrote:

> > Furthermore, it was explained to me that the patent right disclaimers
> > in the ASL2.0 can be circumvented in nasty ways by a truly malicious
> > company/individual if that is the intent

I'd be interested in any detailed constructions as to how such would
happen. As we are constantly debugging our licenses.

> by this time next year, software patent violations are most likely to
> be enforceable by criminal sanction.

I fail to see how the current proposed changes would make any material
change in that respect for say, the netherlands, italy or germany.

> pliant european legal system (UK law, for example). i don't see any way
> in which the ASF could act to help release managers faced with the
> criminal law in europe

That is exactly what we are here for. And I can think of many ways to help
here. And we contineously try to improve this.

Also note that in the Apache Software Foundation it is not the release
manager who is distributing any code or choosing what to release when -
but the Apache Sofware Foundation.

There is a lot of due process to ensure that any release which goes out is
an ASF release and that any deceisions are taken by the committers with a
proper vote and with proper oversight by the board of directors. As long
as committers stick to their CLA and contributors to their license thenwe
can, and will choose, to do a lot to shield them.

Sure - the ASF itself and its Directors may end up in the hot seat - but
that is exactly what we are here for ;-)


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