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From Jeffrey Thompson <jt...@us.ibm.com>
Subject RE: updating w.a.o/legal/resolved for Creative Commons Attribution
Date Wed, 29 May 2013 02:11:21 GMT

"Lawrence Rosen" <lrosen@rosenlaw.com> wrote on 05/28/2013 03:46:11 PM:
> Let me repeat below the language from the CC-BY license that you
> quoted as concerning you in your earlier email dated 5/24.

I don't recall whether Sam included this item in his 5/24 note, but the
most important restriction in the CC-BY license is the first sentence of
4.a.
     "You may distribute, publicly display, publicly perform, or publicly
digitally perform the Work only under the terms of this License, ..."

So, Apache does not have the freedom to effectively comply with the
provisions of the inbound license using its own terms, it must convey the
Work (even as part of the Collective Work created by the Apache project)
under the CC-BY license terms, exclusively, and that obligation passes on
to the Apache user.  This violates one of the principles of the Apache
licensing model -- that unless proper notice is provided, people can treat
code from Apache consistent with the Apache license, including turning
around and licensing it outbound under commercial terms.  Since the CC-BY
license breaks that principle, regardless of whether all of the other terms
are OK, wouldn't it need to be highlighted, in BIG RED LETTERS somewhere so
that users are on notice?

Jeff

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


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