www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From Niall Pemberton <niall.pember...@gmail.com>
Subject Re: License Headers on forked Apache projects?
Date Sun, 11 Apr 2010 02:54:20 GMT
On Sat, Apr 10, 2010 at 5:38 PM, Nathan Beyer <ndbeyer@apache.org> wrote:
> On Sat, Apr 10, 2010 at 10:49 AM, Daniel F. Savarese <dfs@savarese.org> wrote:
>>
>> In message <s2j2d12b2f01004082222xe8319566kc803bd60a0b4cc71@mail.gmail.com>,
He
>> nri Yandell writes:
>>>You would keep the source exactly the same and have a NOTICE file that
>>>reads something like (though it would depend on exactly what you
>>>forked):
>>>
>>>********************************************************************
>>><some name other than Commons Net>
>>>Copyright 2010 Your Org
>>>Copyright 2001-2010 The Apache Software Foundation
>>>
>>>This product includes software developed by
>>>The Apache Software Foundation (http://www.apache.org/).
>>>********************************************************************
>>
>> This highlights an inequity that has been perpetrated in the past.
>> Even though counsel has advised on multiple occasions over the years
>> that copyrights be retained, original copyright notices were routinely
>> stripped when code entered the ASF prior to the advent of the Apache
>> License 2.0, which provided a NOTICE file (whereupon copyright notices
>> were still striped, but then recognized in the NOTICE file).  Therefore,
>> when Commons Net entered the ASF "Copyright 1996-2001 Daniel F. Savarese"
>> was not placed in the NOTICE file (because such a file did not exist);
>> and when some instance of it now exits, the ASF copyright notice persists
>> and all traces of the original copyright holder are erased.
>>
>> I know there has been some confusion and a lot of contradiction
>> regarding a whole slew of policies and procedures at the ASF
>> over the past decade coupled with poor dissemination of information
>> to the committership (largely why I minimized my involvement
>> and started developing new Apache Licensed software projects outside
>> of the ASF).  So perhaps the stripping of my copyrights on Jakarta ORO
>> and Commons Net was a result of there being an unclear policy then
>> and a clearer policy since the advent of the Apache License 2.0 and the
>> inception of the Incubator.  In any case, I address this issue only as
>> a matter of principle.  When all projects were instructed to convert to the
>> Apache License 2.0, I do not recall any instructions being provided to
>> place a record of the original provenance of the code in the NOTICE file.
>> Therefore, there are pre-AL 2.0 projects lurking about, such as Commons Net,
>> which have no record of holder(s) of the copyright(s) on the original code.
>> This doesn't seem equitable.
>
> Since there is a practice of using NOTICE files now, have you
> suggested patching those NOTICE files with the appropriate line items
> based on the historical evidence? The individually release code
> archives may not have the information, but it shouldn't be completely
> lost. There should be record of the original copyright notices in the
> SCM, either as individual files or the original contribution archives.

Indeed there is:

http://svn.apache.org/viewvc?view=revision&revision=139272

Also Daniel is on the Commons PMC and could fix this himself.

Niall

> -Nathan
>
>>
>> daniel

---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org


Mime
View raw message