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From "Craig Russell (JIRA)" <j...@apache.org>
Subject [jira] Commented: (LEGAL-59) Is the BSD License a NOTICE for the purposes of 3rd party licensing policy?
Date Mon, 17 Aug 2009 23:50:14 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-59?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=12744292#action_12744292
] 

Craig Russell commented on LEGAL-59:
------------------------------------

Re-reading this again, I think that the BSD license template suitably modified for the copyright
holder and release dates is a LICENSE and therefore needs to be reproduced in its entirety
in the LICENSE file of a distribution.

The NOTICE file of a distribution should state which components are covered by which license.


So in the case of ANTLR, recently discussed on the mail lists, the complete license from http://www.antlr.org/license.html
, beginning with the phrase "ANTLR 3 License" goes into the LICENSE file. Then, the NOTICE
is something like:

"The antlr-3.1.3.jar is distributed under the terms of the ANTLR 3 License."

There is an interesting discussion in wikipedia on the subject. http://en.wikipedia.org/wiki/BSD_licenses

> Is the BSD License a NOTICE for the purposes of 3rd party licensing policy?
> ---------------------------------------------------------------------------
>
>                 Key: LEGAL-59
>                 URL: https://issues.apache.org/jira/browse/LEGAL-59
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Robert Burrell Donkin
>            Assignee: Robert Burrell Donkin
>
> BSD license family template [1] includes the clause:
> * Redistributions in binary form must reproduce the above copyright notice, this list
of conditions and the following disclaimer in the documentation and/or other materials provided
with the distribution.
> My reading is that this means that the complete license [1] must be reproduced when a
binary is included within an Apache release
> This leads to the question: is the BSD License a NOTICE for the purposes of 3rd party
licensing policy?
> Robert
> [1]
> Copyright (c) <YEAR>, <OWNER>
> All rights reserved.
> Redistribution and use in source and binary forms, with or without modification, are
permitted provided that the following conditions are met:
>     * Redistributions of source code must retain the above copyright notice, this list
of conditions and the following disclaimer.
>     * Redistributions in binary form must reproduce the above copyright notice, this
list of conditions and the following disclaimer in the documentation and/or other materials
provided with the distribution.
>     * Neither the name of the <ORGANIZATION> nor the names of its contributors
may be used to endorse or promote products derived from this software without specific prior
written permission.
> THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS
OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER
OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING
IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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