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From Nathan Beyer <ndbe...@apache.org>
Subject Re: Should included public domain source code be tagged with ASF headers and be under ALv2
Date Thu, 06 Aug 2009 01:55:53 GMT
On Wed, Aug 5, 2009 at 10:00 AM, Lawrence Rosen<lrosen@rosenlaw.com> wrote:
> Niclas Hedhman wrote:
>
> IANAL, but AFAIUI, once someone says "this pile of work is under
>
> public domain", then under most statues the author has no claims to
>
> the work, and therefor anyone can take it and do whatever they want
>
> with it, including claiming ownership, copyright and put it under a
>
> license.
>
>
>
> Nope. They can't claim ownership or copyright or put it under a license.
> They can, however, copy it, create derivative works (and claim copyright to
> that!), and distribute those collective and derivative works under a
> license. Note that:
>
>
>
> The copyright in a compilation or derivative work extends only to the
> material contributed by the author of such work, as distinguished from the
> preexisting material employed in the work, and does not imply any exclusive
> right in the preexisting material. The copyright in such work is independent
> of, and does not affect or enlarge the scope, duration, ownership, or
> subsistence of, any copyright protection in the preexisting material. 17 USC
> 103(b).
>

Does this mean that files which are unchanged should stay as-is and
that files which do get changed should have the standard ASF header
prefixed?

It'd be a bit easier to just change all of the files, but if it's not
appropriate to do so until it's modified and becomes derivative, then
that's fine.

>
>
> Niclas Hedhman also wrote:
>
>
>
> So, for Harmony, I would just suggest that you bring it in as if
>
> someone in the community have developed it, but retain a friendly
>
> attribution to Doug and a track record of how it arrived here (just in
>
> case someone else claim we stole it).
>
>
>
> That part is good advice.
>

Yeah, we definitely need to do a better job of attributing the code.
Each file does have a header noting the original source, so there is
tracing of the origin.

-Nathan

>
>
> /Larry
>
>
>
> Lawrence Rosen
>
> Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)
>
> 3001 King Ranch Road, Ukiah, CA 95482
>
> Office: 707-485-1242    Cell: 707-478-8932
>
> Apache Software Foundation, member and counsel (www.apache.org)
>
> Stanford University, Instructor in Law
>
> Author, Open Source Licensing: Software Freedom and Intellectual Property
> Law (Prentice Hall 2004)
>
>
>
>
>
> -----Original Message-----
> From: hedhman@gmail.com [mailto:hedhman@gmail.com] On Behalf Of Niclas
> Hedhman
> Sent: Tuesday, August 04, 2009 9:43 PM
> To: legal-discuss@apache.org
> Subject: Re: Should included public domain source code be tagged with ASF
> headers and be under ALv2
>
>
>
> On Wed, Aug 5, 2009 at 9:13 AM, Nathan Beyer<ndbeyer@apache.org> wrote:
>
>
>
>> Well, we've finally got the SCM all worked out and the code is being
>
>> managed and the changes and updates are happening. The headers have
>
>> not been changed yet [3]. Is it appropriate for us to change the
>
>> headers and effectively license the files under ALv2? Or should we
>
>> just leave them alone?
>
>
>
> IANAL, but AFAIUI, once someone says "this pile of work is under
>
> public domain", then under most statues the author has no claims to
>
> the work, and therefor anyone can take it and do whatever they want
>
> with it, including claiming ownership, copyright and put it under a
>
> license.
>
>
>
> So, for Harmony, I would just suggest that you bring it in as if
>
> someone in the community have developed it, but retain a friendly
>
> attribution to Doug and a track record of how it arrived here (just in
>
> case someone else claim we stole it).
>
>
>
> Cheers
>
> --
>
> Niclas Hedhman, Software Developer
>
> http://www.qi4j.org - New Energy for Java
>
>
>
> I  live here; http://tinyurl.com/2qq9er
>
> I  work here; http://tinyurl.com/2ymelc
>
> I relax here; http://tinyurl.com/2cgsug
>
>
>
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