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From Richard Fontana <rfont...@redhat.com>
Subject Re: Clarification of "distribution" under the SGA
Date Thu, 17 Jan 2013 19:28:41 GMT
On Thu, Jan 17, 2013 at 07:11:23PM +0000, Matthew Garrett wrote:
> On Thu, Jan 17, 2013 at 11:06:10AM -0800, Joe Schaefer wrote:
> > An SGA is between "you" and the "org", not
> > you and the general public.  All we are doing
> > is exercising one of the rights granted to us
> > in the SGA- the right to public redistribution.
> Ok, I may be misunderstanding the SGA. Point 2 says:
> "You hereby grant to the Foundation and to recipients of software 
> distributed by the Foundation a perpetual, worldwide, non-exclusive, 
> no-charge, royalty-free, irrevocable copyright license to reproduce, 
> prepare derivative works of, publicly display, publicly perform, 
> sublicense, and distribute Your Contributions and such derivative 
> works."
> To me, that reads as a grant of rights to the general public in addition 
> to the rights granted to the Foundation. 

I read it the same way as Matthew. I cannot understand how the SGA, as
quoted, is not a license to the general public once the Foundation has
chosen to "distribute" the software in question to the general
public. Even if the Foundation explicitly said "We are distributing
this software to the general public, but you the general public have
no right to distribute it further", I do not see how that cancels out
the existing upstream broad copyright license granted under the SGA,
assuming the software is identical or nearly identical apart from
noncopyrightable differences.

I have to ask, why does the ASF put in that language about
"recipients" in the SGA and its CLAs? I have always found that rather
peculiar. It is a question of general importance given the widespread
reuse of Apache CLAs by other projects. 

- RF

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