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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, 05 Mar 2008 17:13:46 GMT
--- Sam Ruby <rubys@intertwingly.net> wrote:

> On Wed, Mar 5, 2008 at 11:39 AM, Joe Schaefer
> <joe_schaefer@yahoo.com> wrote:

> >  So there are two issues as far as copyright goes
> > then,
> >
> >  1) what is the licensing on the tarball we
> >    distribute,
> >  2) what is the licensing on the executable that
> >    the user (ie second party) actually runs?
> Yes for 1.

Perhaps we should refine #1 to ask "What is the
licensing on the actual product we distribute?".
This would allow us to ignore questions about build
dependencies and test suite dependencies and startup
scripts, since the licensing on those chunks of
software do not impact the licensing on the actual

> On #2, it is important to realize that our licensees
> may not actually
> run the code themselves, but may sublicense our code
> for distribution to fourth parties.

True, but in the case of optional dependencies, those
distributors should be able to remove whatever options
they do not want to provide to their users, without 
impacting the "default" operation of the product.

> >  For dependencies on optional works that we do not
> >  distribute, I don't think the ASF should be in
> >  businesss of policing what a user selects for
> >  his/her preferred runtime.  The current policy
> >  does try to say that somewhere, but then seems
> >  to back-peddle when discussing GPL stuff.
> Agreed.  But it is worth noting that the term
> "optional" is harder to
> pin down than you might think.


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