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From robert burrell donkin <rdon...@apache.org>
Subject Re: regarding licensing Apache
Date Tue, 18 Oct 2005 19:43:17 GMT
without wanting to criticise niclas, i'm a little worried that we might
be treading a bit of a fine line here. it's really great to be helpful
but i'm a little worried that one day some of this chatter may come back
to haunt us.

in the past (before legal discuss), most advice i've seen given in cases
like this is along the lines of 'hire a lawyer or read the license
carefully'. personally speaking, i'd be a cautious about giving such
frank and honest answers without prefixing with disclaimers (not a
lawyer, hire a lawyer if you want legal advice, this is not official ASF
reply, and so) but maybe i'm a little paranoid...

opinions?

- robert

On Tue, 2005-10-18 at 15:14 +0800, Niclas Hedhman wrote:
> On Thursday 13 October 2005 22:31, Deahyun Kim wrote:
> 
> I think you are not speaking english natvely, and I may misunderstand some of 
> your questions, as a result of interpreting them.
> 
> > Also, they suggest to modify or develop the original Apache,
> > because project requires more function compared to Apache
> > webserver function basically.
> 
> Making extensions to any of the Apache projects are fully Ok.
> 
> 
> > I am so wondered how they could propose your goods in public project
> > without your agree.
> 
> For unmodified binaries, you can deliver Apache applications and tell the 
> customer that. You can even charge for it. Typically, people would charge a 
> service fee, or a fee related to the installation, or maintenance or along 
> these lines.
> 
> If any extensions are installed, developed outside of Apache, these can not 
> claim to be Apache applications.
> 
> If the codebase is modified and then built and distributed, you can not 
> (AFAICT) use the Apache brand to promote such product. However, you are 
> allowed to make the changes, and charge for it.
> 
> > - Whether they can use Apache webserver brand name under
> >   their modification and development?
> 
> No. If they are modifying the codebase, they can't make any claims towards the 
> Apache brand.
> 
> > - Whether you can release to technical maintenance certification for 5
> > years from now on about your product to someone?
> 
> Not sure I understand what you mean here. Apache does not provide any 
> warranties of suitability, maintenance or even existance of a project, other 
> than that the old and current source code is available to anyone.
> 
> > - Whether you can release to Supplier's Certification to someone?
> 
> Apparently, you are using "release" in a way I don't understand. Same as 
> above. Apache has no certification programs, nor does it endorse any 
> particular company/companies to be experts.
> 
> > - If they don't follow your Apache License 2.0 without your agreement,
> >   please kindly let me know what happened to them.
> 
> First step is a cease-and-desist letter from the Apache legal counsel. 
> Hopefully, a clarification from the lawyers results in appropriate action. 
> Beyond that, I would imagine that many circumstance will dictate the course 
> of actions.
> 
> > - Can someone offer your goods for commercial intention for public
> >   site without your license?
> 
> The Apache License is provided to everyone who chooses to accept it. Only if 
> you accept the license terms, you are given the rights provided in the 
> license. Otherwise the work is protected by Copyright law.
> 
> In practical terms, it means that you can sell Apache applications straight 
> from the Apache website to a customer (good sales team!), but more likely you 
> would sell additional services.
> 
> > - If someone try to use your goods as commercial goods, how they can
> >   get a certification as to Supplier's and warranty from you officially?
> 
> As mentioned above, no certifications nor any warranties are provided by 
> Apache. If such claims are being made, then they are false.
> A distributor CAN offer warranties to its customer, but any claims goes to and 
> stays at such distributor.
> 
> 
> To recap;
>  * Don't use the Apache brand for anything else than pure distro of binaries.
>  * Apache does not provide any warranties.
>  * Apache has no certification programs.
>  * People are allowed to make commercial offerings.
> 
> 
> Hope this helps.
> 
> Cheers
> Niclas
> 
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