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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: updating w.a.o/legal/resolved for Creative Commons Attribution
Date Fri, 24 May 2013 18:13:08 GMT
Jeffrey Thompson asked:

>    Is it your understanding that unless the license says that you can
distribute under different terms, you have to distribute under the same
terms under which you received the code?



 

No. That's not what I mean. I mean only that the original work remains
available to others under the same terms under which you received that code
(from the original licensor and, if you are nice, from you too). 

 

Placing the Apache License on a work means that those Apache terms apply to
that work. I can give you permission to distribute that work under different
licenses, or to sublicense it, etc., but I don't thereby give you permission
to undo the (Apache) terms for that work. 

 

As a practical matter, if you distribute that Apache work unmodified and put
your own license on it, I would consider it equivalent to a dual-licensed
work under both the Apache License and your license. However, if you
distribute a derivative work of that work and put your own license on it,
your license applies to the derivative work as a whole and the Apache
License applies to the original work within it. 

 

I believe this is consistent with 17 USC 103(b). 

 

/Larry

 

 

From: Jeffrey Thompson [mailto:jthom@us.ibm.com] 
Sent: Friday, May 24, 2013 10:48 AM
To: legal-discuss@apache.org
Subject: RE: updating w.a.o/legal/resolved for Creative Commons Attribution

 

Larry,
   I just looked again at the Apache license and I don't see any statement
similar to 4.a that the Work can only be distributed under the Apache terms.
I see a broad right to distribute, unfettered.  I also see a sentence that
explicitly states that you can have separate terms cover your modifications,
but how would that withdraw the rights from the broad grant?

   Is it your understanding that unless the license says that you can
distribute under different terms, you have to distribute under the same
terms under which you received the code?
Jeff

"Lawrence Rosen" <lrosen@rosenlaw.com> wrote on 05/23/2013 10:52:08 PM:

> Kevan,
> 
> I believe that CC-BY should remain Category A.
> 
> The statement you quoted from the license would apply to the Apache
License
> also. Nobody can distribute an Apache work except under the terms of the
> Apache License. As for derivative works, that's another matter....
> 
> /Larry
> 
> 
> -----Original Message-----
> From: Kevan Miller [mailto:kevan.miller@gmail.com] 
> Sent: Thursday, May 23, 2013 6:54 AM
> To: legal-discuss@apache.org
> Subject: Re: updating w.a.o/legal/resolved for Creative Commons
Attribution
> 
> 
> On May 17, 2013, at 3:31 PM, Sam Ruby <rubys@intertwingly.net> wrote:
> 
> > On Thu, May 16, 2013 at 3:29 PM, Kevan Miller <kevan.miller@gmail.com>
> wrote:
> >> 
> >> On May 15, 2013, at 4:51 PM, Kevan Miller <kevan.miller@gmail.com>
wrote:
> >> 
> >>> On May 13, 2013, at 6:44 PM, Marshall Schor <msa@schor.com> wrote:
> >>> 
> >>>> The page http://www.apache.org/legal/resolved.html
> >>>> says that the Creative Commons Attribution (CC-A) license may be 
> >>>> included in Apache releases, but it links to version 2.5 of that
> license.
> >>>> 
> >>>> We have some content (icons) which are licensed under version 3.0 
> >>>> of that license, specifically, 
> >>>> http://creativecommons.org/licenses/by/3.0/
> >>>> 
> >>>> 2 questions:
> >>>> (1) Are things licensed under this OK to include with Apache 
> >>>> distributions, and
> >>>> (2) Should the legal/resolve page be updated to reflect this?
> >>> 
> >>> Version 3.0 looks ok to me. Unless I hear objections, I'll update 
> >>> our web site to reflect this.
> >> 
> >> Done.
> > 
> > Drilling down into the actual license, I note the following text:
> > 
> > 4.a. "You may Distribute or Publicly Perform the Work only under the 
> > terms of this License."
> > 
Jeff

Counsel, IBM Corporation  (914)766-1757  (tie)8-826  (fax) -7164





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