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From Henri Yandell <bay...@apache.org>
Subject Re: Terms of Use for Mailing List Data
Date Tue, 08 Jun 2010 06:36:21 GMT
On Mon, Jun 7, 2010 at 10:22 AM, Joe Schaefer <joe_schaefer@yahoo.com> wrote:
> ----- 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.

+1; especially to your previous reply on infra.

Namely that if someone wants to republish mailing list information
outside the context of a mailing list/mailing list archive; then we
advise they contact the individuals who authored the emails.

Clause 5 of the Apache 2.0 License still however applies; we may
choose to incorporate email contributions into Apache products.

Hen

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