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From John Sisson <jsisson.apa...@internode.on.net>
Subject Re: Clarification of NOTICE requirements in jar files
Date Tue, 22 Aug 2006 03:28:51 GMT
Comments inline..

Kevan Miller wrote:
> Hoping you can help resolve differing interpretations of the 
> requirements for NOTICE information in jar files regarding "use" of 3rd 
> party jar files.
> 
> Geronimo includes a number of 3rd party jar files in a Geronimo 
> distribution. We handle the LICENSE and NOTICE requirements of these 3rd 
> party jar files in the root directory of our distributions.
> 
> Geronimo jar files are included in the Geronimo distribution, but are 
> also available for download on ibiblio. We're currently working to 
> insure that all of these jar files include appropriate ASL license and 
> notice information.
> 
> Many of these Geronimo jar files "use" the 3rd party jar files (e.g. 
> create objects, invoke methods, etc). Some people feel that the NOTICE 
> files in Geronimo jar files need to contain attributions if the jar file 
> "uses" a 3rd party jar file (and the 3rd party license contains terms 
> like "redistribution and use". Others feel that since the Geronimo jar 
> files themselves do not redistribute the 3rd party jar files, then the 
> Geronimo jar files do not need to contain attributions for the 3rd party 
> jar files.
> 
I'm one of the people who are wondering whether we should contain
attributions when we "use" 3rd party libraries.  The reason why I
thought we may have to is that the wording in the majority of licenses
says "Redistribution and use in source and binary forms..".  Does the
"and" really mean AND so that the license only applies when you
redistribute it?

For example, if "and" doesn't really mean "AND" and could mean "or" then
in the Castor, DOM4J, JDBM & OpenEJB licenses, we would need to give
credit (see point 5 in the license) when we "use" castor but aren't
redistributing it in our separate module JARs?

The other license I wasn't sure about was the Concurrent license.
Should it be documented in the LICENSE or NOTICE file so that those
people downloading our JAR that only "uses" (but does not redistribute)
the concurrent library are aware that they need to comply with the first
condition below regarding trademarks?

Here is an excerpt from the concurrent license..

<SNIP> and to sublicense the right to *use*, reproduce and distribute
the Java Software and Doug Lea's derivative works as the part of larger
works through multiple tiers of sublicensees *provided that the
following conditions are met*:

-Neither the name of or trademarks of Sun may be used to endorse or
  promote products including or derived from the Java Software technology
  without specific prior written permission; and
-Redistributions of source or binary code must contain the above
  copyright notice, this notice and the following disclaimers:

Hoping the answer is I am misinterpreting the license.

It is probably obvious, but IANAL :-)

Thanks,

John

> Can you comment?
> 
> FYI, here is the LICENSE file we're putting in the root directory of 
> Geronimo distributions -- 
> https://svn.apache.org/repos/asf/geronimo/branches/1.1.1/modules/scripts/src/resources/LICENSE.txt

> 
> 
> --kevan
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