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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: [jira] [Commented] (LEGAL-114) License Header - Short Form?
Date Tue, 09 Jul 2013 02:59:16 GMT
@Dennis,

> 1. We're talking about a single small work available separately and presentable and distributable
as a single entity (a single computer file of text).

LR: Size doesn't matter for copyright purposes.  Do you feel comfortable setting a precise
size limit? The law would ignore you. Remember, "Rose is a rose is a rose" is copyright Gertrude
Stein. All seven (or 3) words!

> 2. Whether or not it is a collective work in the copyright sense, the ASF is in no way
an author with respect to that work, collective or otherwise.  The ASF did nothing with regard
to the copyrightable subject matter and is not an author of that small, coherent work in any
manner.  Contributors did all of it.  There has been no transfer of copyright to the ASF.

Excuse me, but that's just not the way copyright law handles publishers like Apache. The ASF
Board, its officers, its PMC committees, its elected members, and its approved committers
all create copyrightable works which they license (primarily under CLAs) to our non-profit
Foundation. Following our documented procedures, we decide whether to publish that stuff.
That makes us the owner of a collective work (or compilation) copyright. 

> By what legal theory whatsoever does copyright of the ASF subsist in the work to which
the notice would be affixed?

I refer you to JIRA LEGAL-168 for a complete discussion of this. If you want further legal
discussion, please bring it to that JIRA issue. 

/Larry 

P.S. I'm tired of being the only lawyer speaking up here. If I'm wrong, say so. If I'm right,
say so. Please help me from being eaten alive by engineers who, for religious or moral reasons,
refuse to put copyright notices in Apache works.

Lawrence Rosen
Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)
3001 King Ranch Rd., Ukiah, CA 95482
Office: 707-485-1242
Linkedin profile: http://linkd.in/XXpHyu 


-----Original Message-----
From: Dennis E. Hamilton (JIRA) [mailto:jira@apache.org] 
Sent: Monday, July 08, 2013 7:28 PM
To: legal-discuss@apache.org
Subject: [jira] [Commented] (LEGAL-114) License Header - Short Form?


    [ https://issues.apache.org/jira/browse/LEGAL-114?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13702804#comment-13702804
] 

Dennis E. Hamilton commented on LEGAL-114:
------------------------------------------

I'll raise my legal theory (and legal "common sense") question one more time.

Although it is done often, and by many different parties, I don't believe there is any legal
justification for that ASF Copyright notice whatsoever.

 1. We're talking about a single small work available separately and presentable and distributable
as a single entity (a single computer file of text).

 2. Whether or not it is a collective work in the copyright sense, the ASF is in no way an
author with respect to that work, collective or otherwise.  The ASF did nothing with regard
to the copyrightable subject matter and is not an author of that small, coherent work in any
manner.  Contributors did all of it.  There has been no transfer of copyright to the ASF.

By what legal theory whatsoever does copyright of the ASF subsist in the work to which the
notice would be affixed?
                
> License Header - Short Form?
> ----------------------------
>
>                 Key: LEGAL-114
>                 URL: https://issues.apache.org/jira/browse/LEGAL-114
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Roger Meier
>
> Hi all
> Today the license headers within files does need ~ 15 lines within a file.
> This needs lot of space at the top of a file, probably too much if you have a small README
file. 
> e.g. 
> http://svn.apache.org/viewvc/thrift/trunk/tutorial/README?view=markup
> Is it possible to use a smaller header reflecting the license terms within a source or
README file?
> Can we use something like that one or a shorter one?
> {noformat}
> /*
>  * Copyright (c) The Apache Software Foundation
>  * Licensed to the ASF under one or more contributor license 
> agreements
>  * (see NOTICE file distributed with this work). ASF licenses this 
> file to you
>  * under the following license 
> http://www.apache.org/licenses/LICENSE-2.0
>  * Software distributed is distributed on an "AS IS" BASIS, WITHOUT 
> WARRANTIES
>  * OR CONDITIONS OF ANY KIND, either express or implied.
>  */
> {noformat}
> Should we mention also the License identifier (Apache-2.0) used within spdx standard?
> see http://spdx.org/licenses/
> Thanks,
> Roger

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