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From Sam Ruby <ru...@intertwingly.net>
Subject Re: updating w.a.o/legal/resolved for Creative Commons Attribution
Date Tue, 28 May 2013 16:39:23 GMT
On Sat, May 25, 2013 at 1:03 PM, Lawrence Rosen <lrosen@rosenlaw.com> wrote:
>
> Those licenses we do approve in Category A have some interesting conditions
> that I bet we and our downstream users don’t always satisfy.

I'm not aware of any such.  If you do find an instance, please bring
it to our attention.  In the case where we didn't satisfy the
conditions, that would be a bug that we would need to fix.  Note: such
a bug would not be a mere policy violation; barring any other
agreements, it is only by complying with the license that we obtain
the legal right to copy.

>From time to time, we have become aware of licensees of our software
that do not comply with the terms of our license.  In each case I
recall, this is quickly cleared up once the issue is brought to their
attention.

> I suggest that the conditions in CC-BY are not substantially more onerous
> than the ones we do accept,

I disagree.  I've cited conditions that make CC-BY incompatible with
both GPL and with the ability to sublicense such code in a proprietary
(closed source) implementation.

But I encourage people to look at specifics.  I'll start by quoting
from our license, and then repeat the license excerpts that you
extracted.

------------------------------------------------------------------------------------------

>From http://www.apache.org/licenses/LICENSE-2.0.html :

a. You must give any other recipients of the Work or Derivative Works a
copy of this License; and

b. You must cause any modified files to carry prominent notices stating
that You changed the files; and

c. You must retain, in the Source form of any Derivative Works that You
distribute, all copyright, patent, trademark, and attribution notices from
the Source form of the Work, excluding those notices that do not pertain to
any part of the Derivative Works; and

d. If the Work includes a "NOTICE" text file as part of its distribution,
then any Derivative Works that You distribute must include a readable copy
of the attribution notices contained within such NOTICE file, excluding
those notices that do not pertain to any part of the Derivative Works, in
at least one of the following places: within a NOTICE text file distributed
as part of the Derivative Works; within the Source form or documentation,
if provided along with the Derivative Works; or, within a display generated
by the Derivative Works, if and wherever such third-party notices normally
appear. The contents of the NOTICE file are for informational purposes only
and do not modify the License. You may add Your own attribution notices
within Derivative Works that You distribute, alongside or as an addendum to
the NOTICE text from the Work, provided that such additional attribution
notices cannot be construed as modifying the License.

> ******** text copied from Category A licenses listed at
> http://www.apache.org/legal/resolved.html:
>
> (C) If you distribute any portion of the software, you must retain all
> copyright, patent, trademark, and attribution notices that are present in
> the software.
> (D) If you distribute any portion of the software in source code form, you
> may do so only under this license by including a complete copy of this
> license with your distribution. If you distribute any portion of the
> software in compiled or object code form, you may only do so under a license
> that complies with this license.
>
> *****
>
> provided, however, that the BeOpen Python License is retained in the
> Software, alone or in any derivative version prepared by Licensee.
>
> *****
>
> ·         Redistributions of source code must retain the above copyright
> notice, this list of conditions and the following disclaimer.
>
> ·         Redistributions in binary form must reproduce the above copyright
> notice, this list of conditions and the following disclaimer in the
> documentation and/or other materials provided with the distribution.
>
> *****
>
> The full text of this NOTICE in a location viewable to users of the
> redistributed or derivative work.
>
> *****
>
> 2. Any pre-existing intellectual property disclaimers, notices, or terms and
> conditions. If none exist, a short notice of the following form (hypertext
> is preferred, text is permitted) should be used within the body of any
> redistributed or derivative code: "Copyright © [$date-of-software] World
> Wide Web Consortium, (Massachusetts Institute of Technology, Institut
> National de Recherche en Informatique et en Automatique, Keio University).
> All Rights Reserved. http://www.w3.org/Consortium/Legal/"
>
> 3. Notice of any changes or modifications to the W3C files, including the
> date changes were made. (We recommend you provide URIs to the location from
> which the code is derived.)

- Sam Ruby

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