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From Craig L Russell <Craig.Russ...@Sun.COM>
Subject Re: Distribution of CDDL licensed xsd and dtd files
Date Thu, 02 Aug 2007 01:29:14 GMT
Hi Larry,

Perhaps it would be good for you to comment on this:


This is the working draft of Apache's third party license policy.  
CDDL license is included in the discussion. Since dtd and xsd files  
are neither strictly source nor binary, Sam Ruby has an action item  
to resolve where in the landscape xsd and dtd files fall.

These files are source because humans can read them. They are binary  
because they are not compiled; they are used "as is" in deployed  
applications. They are neither source nor binary because they are not  
compiled but they are human-readable. The envelope please...


On Aug 1, 2007, at 6:13 PM, Lawrence Rosen wrote:

> As long as it is copyrighted, then why the concern about whether it is
> source or binary? Whatever form it is in is the form you got. Call  
> that
> "source". Did you get enough source to satisfy ASF policies and needs,
> including to pass on enough information to enable Apache licenses  
> to do what
> they need with the software downstream?
> /Larry
>> -----Original Message-----
>> From: Kevan Miller [mailto:kevan.miller@gmail.com]
>> Sent: Wednesday, August 01, 2007 4:59 PM
>> To: lrosen@rosenlaw.com
>> Cc: legal-discuss@apache.org; 'William A. Rowe, Jr.'
>> Subject: Re: Distribution of CDDL licensed xsd and dtd files
>> On Aug 1, 2007, at 7:28 PM, Lawrence Rosen wrote:
>>>> xsd/dtd files are classified as neither source nor binary files.
>>>> Since the schemas are not source files, Apache policy restricting
>>>> inclusion of CDDL source files do not apply.
>>> Are they copyrighted works?
>> Yes. Here is an example -- http://java.sun.com/xml/ns/javaee/ejb-
>> jar_3_0.xsd
>> Excerpted from this file:
>> <xsd:documentation>
>>        Copyright 2003-2007 Sun Microsystems, Inc. All rights  
>> reserved.
>>        The contents of this file are subject to the terms of  
>> either the
>>        GNU General Public License Version 2 only ("GPL") or the  
>> Common
>>        Development and Distribution License("CDDL") (collectively,  
>> the
>>        "License").  You may not use this file except in compliance  
>> with
>>        the License. You can obtain a copy of the License at
>>        https://glassfish.dev.java.net/public/CDDL+GPL.html or
>>        glassfish/bootstrap/legal/LICENSE.txt.  See the License for  
>> the
>>        specific language governing permissions and limitations  
>> under the
>>        License.
>>        When distributing the software, include this License Header
>>        Notice in each file and include the License file at
>>        glassfish/bootstrap/legal/LICENSE.txt.  Sun designates this
>>        particular file as subject to the "Classpath" exception as
>>        provided by Sun in the GPL Version 2 section of the License  
>> file
>>        that accompanied this code.  If applicable, add the following
>>        below the License Header, with the fields enclosed by  
>> brackets []
>>        replaced by your own identifying information:
>>        "Portions Copyrighted [year] [name of copyright owner]"
>>        Contributor(s):
>>        If you wish your version of this file to be governed by  
>> only the
>>        CDDL or only the GPL Version 2, indicate your decision by  
>> adding
>>        "[Contributor] elects to include this software in this
>>        distribution under the [CDDL or GPL Version 2] license."   
>> If you
>>        don't indicate a single choice of license, a recipient has the
>>        option to distribute your version of this file under either  
>> the
>>        CDDL, the GPL Version 2 or to extend the choice of license  
>> to its
>>        licensees as provided above.  However, if you add GPL  
>> Version 2
>>        code and therefore, elected the GPL Version 2 license, then  
>> the
>>        option applies only if the new code is made subject to such
>>        option by the copyright holder.
>> </xsd:documentation>
>> --kevan
> ---------------------------------------------------------------------
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> constitute legal advice, and do not necessarily reflect the opinions
> and policies of the ASF.  See <http://www.apache.org/licenses/> for
> official ASF policies and documents.
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Craig Russell
Architect, Sun Java Enterprise System http://java.sun.com/products/jdo
408 276-5638 mailto:Craig.Russell@sun.com
P.S. A good JDO? O, Gasp!

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