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From "Dennis E. Hamilton" <dennis.hamil...@acm.org>
Subject RE: [all] NSWC and Apache license
Date Fri, 10 Aug 2012 21:36:28 GMT
Dave,

ALv2 is more restricted than public domain.  ALv2 also makes patent assertions that have not
been attested to by the original creators of the code and that makes it misleading (the same
as if we're talking about Modified BSD or Creative Commons Attribution as third-party sources).

For that reason, I recommend establishing the provenance, with a reference if possible, and
limiting the scope of application of the ALv2 to the original contribution of modifications/translations.
 It provides enough for someone to satisfy themselves about the previous work and the extent
of the derivative contribution.

 - Dennis

-----Original Message-----
From: Dave Fisher [mailto:dave2wave@comcast.net] 
Sent: Friday, August 10, 2012 14:15
To: legal-discuss@apache.org
Subject: Re: [all] NSWC and Apache license

Dennis,

Since this work is apparently public domain with no license without the word "copyright" in
the source code what harm to users would the AL2 have if applied?

Regards,
Dave

On Aug 10, 2012, at 1:55 PM, Dennis E. Hamilton wrote:

> Just a quick note to ensure that people understand that copyright cannot be claimed on
public domain works.  So, for a derivative, it might be valuable to regard the public-domain
original as a third-party work with a type A license.  Then it is clear that any application
of the Apache License applies to the changes and the overall changed document, not the remnants
of the original work.  
> 
> Translations are an odd case.  Technically, making translations is also an exclusive
right of copyright holders,  but the translation of code between programming languages seems
murky territory to me.  If one were to reverse engineer the Fortran procedures and then re-implement
the abstracted functions in the styles and idioms of another programming language, this might
be use of the idea (function) more than of the expression (that which is subject to copyright).
> 
> I don't know what the Fortran translation requires.  For myself, I would always acknowledge
the provenance of the ideas if not the expression, and say where the original is obtained
as well.  That's perhaps more of a scholarly community requirement than what ASF might require
in the case at hand.
> 
> - Dennis 
> 
> 
> -----Original Message-----
> From: Sébastien Brisard [mailto:sebastien.brisard@m4x.org] 
> Sent: Thursday, August 09, 2012 22:14
> To: legal-discuss@apache.org
> Subject: Re: [all] NSWC and Apache license
> 
> [ ... ]
> 
> If I understand correctly, there is no copyright on the material
> distributed by the US government, unless otherwise stated
> 
> "THEREFORE, you must carefully review and respect the copyright
> notices and other legends on all documents that you download from
> DTIC’s Web site and obtain permission from the copyright holder if you
> wish to reproduce and distribute the copyrighted material separately
> in another context."
> 
> Since there is no copyright notice on the FORTRAN file, I will start
> porting the parts that interest me in CM3. Let's see if their algos
> are more accurate...
> If anyone thinks that this is wrong,  please let me know.
> 
> Best regards,
> Sébastien
> 
> [1] http://www.dtic.mil/dtic/pdf/announcements/CopyrightGuidance.pdf
> 
> 
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