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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: NOTICE/LICENSE in svn
Date Thu, 23 Jul 2009 03:34:46 GMT
+1 to what Matt Kelley said below.  

As for partial solutions, perhaps we should do what Eclipse does and use
tools like Black Duck or Palomida during the check-in process?

/Larry



-----Original Message-----
From: Matt Kelley [mailto:mgk333@hotmail.com] 
Sent: Wednesday, July 22, 2009 7:34 PM
To: legal-discuss@apache.org
Subject: RE: NOTICE/LICENSE in svn

I'm surprised at the notion that public svn access is not a distribution.
In any other context, it seems to me that making source code available on a
public site via some protocol would be considered a distribution.  How is
this different from using ftp to download a source code snapshot?  Whether
you consider the code complete, bug-free, or a "release", I think you are
distributing it by making it publicly available and encouraging people to
access it.  Certainly, if I licensed you some piece of my code under some
license that allowed use but not distribution, I would take a very dim view
of you making it publicly available via svn.

Even if there is disagreement about whether or not this is a distribution,
there seems to me to be an issue of the intended purpose of providing public
svn access.  If I don't know that the code is properly vetted and licensed
(i.e., including complete, up-to-date attributions as required by the ASL),
then I can't really use that code with confidence for any purpose.  (Maybe I
can use it for internal use, but even that is assuming that any third party
code is under some license allowing free use, if not distribution.)  As a
result, under these conditions, public svn access is not very useful for me.

If the intended purpose is instead to facilitate public contributions to the
project development, then that is a different question.  Although even then,
I am not sure that I can necessarily take any given piece of code, build it,
run it in test, modify it, contribute it, etc., if I don't know its original
provenance and license.

Sorry to not have a proposed solution, but I do think this is a problem.


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