www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From "Matthias Wessendorf" <mat...@apache.org>
Subject Re: Re: Reuse of ASF source code and NOTICE
Date Wed, 20 Aug 2008 12:13:53 GMT
On Tue, Aug 19, 2008 at 1:08 PM, Stefano Bagnara <apache@bago.org> wrote:
> Sam Ruby ha scritto:
>>
>> 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.
>
> From my overview of svn history the NOTICE credit has been added by an ASF
> committer some months after the first code was imported in the incubator.
> Unfortunately it was not clear if this was a requirement from Oracle or
> simply to put some historical fact in the NOTICE file.

I think we added it just for incubator reasons?
This is a long time ago....

>
>>> 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.
>
> I did the mistake to commit the Base64OutputStream from MyFaces without
> fixing the NOTICE, but now my PMC is going to release an official version of
> our product including that class and not including the NOTICE credits to
> Oracle. I didn't vote for that release because I was trying to understand
> this issue.
>
> How should I deal with this? Who is liable for the release not including the
> credits in a similar case and what am I supposed to do to fix this ASAP?
>
> I made every PMC member aware of the issue before the release VOTE started
> and I fixed our NOTICE in trunk to include the above statement so that the
> next version will include it, but you know at most I can vote "-1" but this
> won't stop a release (majority and 3 +1 are already there).
>
> Stefano
>
> ---------------------------------------------------------------------
> DISCLAIMER: Discussions on this list are informational and educational
> only.  Statements made on this list are not privileged, do not
> 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.
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
>
>



-- 
Matthias Wessendorf

Need JSF and Web 2.0?
http://code.google.com/p/facesgoodies

further stuff:
blog: http://matthiaswessendorf.wordpress.com/
sessions: http://www.slideshare.net/mwessendorf
mail: matzew-at-apache-dot-org

---------------------------------------------------------------------
DISCLAIMER: Discussions on this list are informational and educational
only.  Statements made on this list are not privileged, do not
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.
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org


Mime
View raw message