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From "Sam Ruby" <ru...@intertwingly.net>
Subject Re: Reuse of ASF source code and NOTICE
Date Tue, 19 Aug 2008 10:35:01 GMT
On Tue, Aug 19, 2008 at 5:43 AM, Stefano Bagnara <apache@bago.org> wrote:
> Sam Ruby ha scritto:
>>
>> On Thu, Aug 14, 2008 at 10:01 AM, Stefano Bagnara <apache@bago.org> wrote:
>>>
>>> Hi all,
>>>
>>> In a recent commit to Apache JAMES Mime4J I introduced a
>>> Base64OutputStream
>>> released from another ASF PMC (Apache MyFaces). Should we add anything to
>>> our NOTICE?
>>> [...]
>>> I referenced the source in the svn commit and I added a line to the
>>> source file header saying "This class has been copied from Apache
>>> MyFaces Trinidad 1.2.8"
>>>
>>> I thought the main "This product includes software developed at The
>>> Apache Software Foundation (http://www.apache.org/)." allowed us to
>>> include any source from any ASF project without further references, but
>>> I'd like to have confirmation for this.
>>
>> There is no legal requirement for one ASF project to give attribution
>> to another ASF project.  This, however, does not mean that attribution
>> requirements imposed by third parties can be dropped merely because
>> the code was obtained from an ASF source instead of directly from the
>> third party.
>>
>>> In this specific case I add that the NOTICE for the ASF MyFaces Trinidad
>>> package I downloaded to get the Base64OutputStream.java file include
>>> this:
>>> -------------
>>> Portions of this software were originally based on the following:
>>>
>>>  - software copyright (c) 2000-2006, Oracle Corp,
>>> <http://www.oracle.com/>.
>>> and are licensed to the Apache Software Foundation under the
>>> "Software Grant and Corporate Contribution License Agreement"
>>> -------------
>>> [...]
>>
>> Is is the responsibility of the PMCs to ensure that IPR policies are
>> followed.  This should be brought up first with the MyFaces PMC.  If
>> this does not result in adequate resolution, then either the Legal
>> Affairs Committee or the board will get involved.
>
> A MyFaces developer replied that the Base64OutputStream I "copied" from
> their product was part of the original contribution by Oracle.
>
> --- Quote ---
> the code was donated to the ASF in 2006, when Oracle donated
> "Trinidad" (formal ADF Faces 10.x)
> This code is now licensed under the Apache 2.0 license.
> -------------
>
> My understanding is that ALv2 tell me that I HAVE TO copy their NOTICE
> content to our NOTICE.
>
> The fact is that we have an artifact being (got 3 +1 today, I've not voted
> yet) released without such a NOTICE (Oracle is not mentioned in our NOTICE).
>
> I'd like to understand if the fact that Oracle donated the code under the
> "Software Grant and Corporate Contribution License Agreement" makes their
> NOTICE sentence "redundant" or if it's still a requirement to keep that
> sentence in any product reusing code from their artifacts.

It is not automatically redundant.  It is quite possible for someone
to provide us a grant, and to include a notice on the software that
they contribute.  An employee of Oracle could also remove the notice,
we should not.

> The sentence from their NOTICE seems to me not a requirement because
> otherwise we would have a NOTICE including references to each contributor
> that contributed code under the CLA/CCLA, but I'm not a lawyer and I would
> feel happier if you can confirm it.
>
> Otherwise I guess I would have to add this to our NOTICE:
> ------------
> The Base64OutputStream class included in this package is based on code from
> Apache MyFaces Trinidad. Portions of Apache MyFaces Trinidad were originally
> based on the following:
>
> software copyright (c) 2000-2006, Oracle Corp, <http://www.oracle.com/>.
> and are licensed to the Apache Software Foundation under the
> "Software Grant and Corporate Contribution License Agreement"
> -------------

If Oracle provided a notice and has not removed it, that notice
requirement needs to carry forward to any ASF project that includes
that code.  That being said, I see no requirement to acknowledge
another ASF project, but you are, of course, welcome to do so.

> Stefano
>
> ---------------------------------------------------------------------
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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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