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From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: Terms of Use for Mailing List Data
Date Mon, 07 Jun 2010 17:22:43 GMT
----- Original Message ----

> From: Noirin Shirley <noirin@apache.org>
> To: Danese Cooper <danese@gmail.com>
> Cc: legal-discuss@apache.org
> Sent: Mon, June 7, 2010 1:03:47 PM
> Subject: Re: Terms of Use for Mailing List Data
> 
> On Mon, Jun 7, 2010 at 6:46 PM, Danese Cooper <
> ymailto="mailto:danese@gmail.com" 
> href="mailto:danese@gmail.com">danese@gmail.com> wrote:
> FWIW, a 
> long time ago I asked Brian Behlendorf this question (when I was
> trying 
> to understand the Apache Way) and he absolutely said the mail list
> 
> content was Apache licensed...remember the whole "the mail list archive 
> is the memory of the project, in a sense Apache is self-documenting 
> through the mail list archive").

> While that's a potential good reason that mailing list content (at a
> minimum, for public lists) *should* be Apache licensed, I'm not sure
> it says anything about whether their content *is* Apache licensed.

I have already answered this question on the infrastructure@ list,
but since that's a private list I'll answer it again here:  all
Apache has from a participant on our public mailing lists is an
implicit right to republish and redistribute verbatim copies electronically.
People are free to do whatever they like with those emails internally,
as long as the internal use doesn't infringe on a participant's
surviving rights.  That is because they are public lists and we make
it very clear that just about every apache list is public, so by posting
your message to one of our lists you are assenting to verbatim electronic
redistribution by anyone (not just the ASF).

Apache could claim a copyright interest in the collection of emails
that constitutes one of our mailing lists, but I've never seen it
done and I'm not sure our copyright interest allows us to claim the
collection is Apache Licensed.  We haven't written any policies that
would depend on such a claim, so it really doesn't matter at this point.


      

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