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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 17:59:21 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-168?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13682482#comment-13682482
] 

Lawrence Rosen commented on LEGAL-168:
--------------------------------------

I want to share with this list another note I wrote to the European Legal Network in response
to a question there:

> One of the key stated rationales for CLAs such as the ASF's is to 
> allow the Foundation to relicense if necessary without polling all the 
> individual copyright holders.

Let's please use terms VERY carefully.  The only one who can "relicense" a work is the copyright
owner, and Apache doesn't own those copyrights in the components. If the motivation for CLAs
was to allow relicensing, then we've got a problem.

Nothing I've written about Apache publication policies would prohibit Apache from using appropriately
licensed third party components within Apache's collective or compiled works that we publish
under an Apache license of our choice. And nothing would prevent downstream recipients from
doing the same thing. But that isn't relicensing of the components.

Nor is it necessarily "sublicensing", which is why I suggest that sublicensing is often unnecessary
as long as you have appropriate license rights directly from the original copyright owners
-- as Apache does with its CLAs.

                
> 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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