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From Niclas Hedhman <nic...@hedhman.org>
Subject Re: regarding licensing Apache
Date Tue, 18 Oct 2005 07:14:45 GMT
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.


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