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From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: fair use (was Re: What licenses in category X satisfy criterion #2?)
Date Wed, 19 Mar 2008 22:58:04 GMT

--- Sam Ruby <rubys@intertwingly.net> wrote:

> On Wed, Mar 19, 2008 at 9:14 AM, Joe Schaefer
> <joe_schaefer@yahoo.com> wrote:
> > --- Sam Ruby <rubys@intertwingly.net> wrote:

> >  Sorry, I don't see anything I would consider a
> >  contradiction.  Whether or not the (L)GPL family
> >  of licenses crosses dynamically linked files
> >  is something even wikipedia [1] acknowledges as a
> >  point of contention.
> 
> LGPLv3, section 4 places additional restrictions on
> what you can do
> with a Combined Work over and above what the Apache
> License, version
> 2.0 requires.  Hibernate's license FAQ, as of this
> minute states that
> use of the unmodified source does not affect how we
> license our code.
> 
> Whether that's a contradiction or not, in the case
> of ServiceMix
> distributing a completely optional and easily
> removable plugin to
> support deployment on JBOSS: I don't really care.

Now *that* even I can understand ;-)

[...]

> >  Is our legal reputation really at stake if we
> >  distributed Hibernate?
> 
> Legally, we could ship HTTPD under the full GPLv3 if
> we so desired.
> But we are trying to set some consistent
> expectations on what
> licensees can expect when they decide to make use of
> an ASF product.
> I realize that that is not a very satisfying and
> complete answer.  The 3party draft contains more.

I still can't get over my discomfort for the way the
draft is worded in this regard.  It reads like a bit
of intellectual judo, where it tries to tell
committers
what we're allowing them to do without actually
offering anything resembling legal advice.  I would
probably prefer if we just figured out what we'd
like to say and have an attorney actually draft
this section to our satisfaction, but that wouldn't 
be very sporting :-).


>  As I said, I'll try to
> expand upon this
> more either this afternoon or tomorrow.

I look forward to it.




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