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From "Lawrence Rosen (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-168) Apache Third-Party IP Policies
Date Thu, 13 Jun 2013 03:10:20 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-168?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13681871#comment-13681871

Lawrence Rosen commented on LEGAL-168:

Craig Russell wrote:
> Just one minor quibble....

I've been waiting for this!  :-)  I mentioned in one of my earlier posts here that the words
“collected” and “compiled” are terms of art. Unfortunately for many of you, I meant
terms of *legal* art and not *computer* art. The word "compiled" as defined in 17 USC 101
arises from the concept of a "compilation of independent works" rather than "process of running
source code through a compiler." 

I prefer to use the term "collective work" (also a term of art) rather than "compiled work"
because it makes more sense to computer professionals, but I thought it best in this JIRA
thread to be technically precise in my current lawyer vocabulary rather than rely on my previous
computer science one.

In copyright law, the concept of "compilation" is more akin to what an object code linker
does than a source code compiler. Sorry about that.

In fact, to cut short another confusion among software professionals, U.S. copyright law doesn't
actually distinguish between the source code and object code forms of a work. They are the
same work for copyright registration purposes. The fact that our Apache processes draw distinctions
between source and object has always been a mystery to me, other than the requirement that
"source code must be available or it ain't open source!"

> Apache Third-Party IP Policies
> ------------------------------
>                 Key: LEGAL-168
>                 URL: https://issues.apache.org/jira/browse/LEGAL-168
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Lawrence Rosen
> I'd like to help the Apache community to discuss Apache Software Foundation policies
regarding contributions of copyrighted works from third parties in order for us to publish
them at the Apache website. 
> This discussion is now scattered among many JIRA issues and email archives. For example,
a recent thread here reconstructed my own correspondence about this to the legal-discuss@
list in 2005 -- and then misinterpreted what I'd said then. So I want this new JIRA issue
where I am free to say what I want when I want to say it, without obstruction from issue-jumpers
and list-jumpers around here who try to discourage coherent arguments.
> I'll probably be wrong in some of what I say. I will sign my own comments here and I
will read (and perhaps respond to) any comments from anyone who signs his or her name here
also. I will particularly welcome comments from the attorneys on this list, at least those
who aren't too cowardly or too busy to speak up. If you don't enjoy legal controversy, don't
read this JIRA thread.
> Best regards,
> /Larry
> P.S. More to come....

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