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From Craig L Russell <Craig.Russ...@Sun.COM>
Subject Re: Should included public domain source code be tagged with ASF headers and be under ALv2
Date Wed, 05 Aug 2009 17:43:43 GMT
This reminds me of a small issue with the NOTICE file.

I'd like to recommend that Doug's "contribution" be attributed in the  
NOTICE file, just as we do for more tightly-managed contributions  
under permissive licenses. But as written in the policy [1], the  
NOTICE file is just for copyrights and *required* notices from third  
parties.

Should we consider changing the policy to allow attribution of public  
domain works incorporated into Apache projects?

Craig

[1] http://www.apache.org/legal/src-headers.html
NOTICE file
	• Every Apache distribution should include a NOTICE file in the top  
directory, along with the standard LICENSE file.
	• The top of each NOTICE file should include the following text,  
suitably modified to reflect the product name and year(s) of  
distribution of the current and past versions of the product:
           Apache [PRODUCT_NAME]
           Copyright [yyyy] The Apache Software Foundation

           This product includes software developed at
           The Apache Software Foundation (http://www.apache.org/).

	• The remainder of the NOTICE file is to be used for required third- 
party notices. The NOTICE file may also include copyright notices  
moved from source files submitted to the ASF.
On Aug 5, 2009, at 8:00 AM, Lawrence Rosen 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).
>
> 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.
>
> /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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>

Craig L Russell
Architect, Sun Java Enterprise System http://db.apache.org/jdo
408 276-5638 mailto:Craig.Russell@sun.com
P.S. A good JDO? O, Gasp!


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