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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: [jira] [Commented] (LEGAL-172) Require a copyright notice in source headers
Date Sat, 13 Jul 2013 20:15:09 GMT
Mark Thomas asked:
> What isn't clear to me at this point is are you advocating that every individual
> file in the ASF's source repository that has some copyrightable content must
> include a copyright notice?

I have tried here not to identify works by their "copyrightable content" since that is a very
difficult legal analysis when it comes to software. I have said, however, that some works
don't need any header (short or long!) because they are not copyrightable. I've tried to be
explicit about my examples so that we don't waste time putting our licensing *or* copyright
notices on configuration files, empty files, or certain kinds of test data files. 

I urge only that every *separable* file that ASF publishes for which we assert "Licensed under
the Apache License 2.0" also contain a copyright notice identifying *who* is the licensor.
In most cases, that will be The Apache Software Foundation as the publisher of that separable
work. 

I don't concern myself in this thread with whether that file actually does or does not have
copyrightable content. It is enough of a policy statement to say that, if the Apache project
itself worries enough about that file to put an Apache License 2.0 notice in it, then the
project should also tell me the name of the licensor! [We'll argue much later about copyrightable
content only in the very remote chance that the copyright is actually litigated, as it was
in the Oracle v. Google case over the Java APIs.]

Nor will you hear me distinguish between source and binary forms of Apache releases. Copyright
law doesn't distinguish, why should I?

Mark also said:
> while you might disagree with the detail of the date range used in the copyright statement
above...

Dates have never been the subject of this thread or its predecessors.

/Larry


-----Original Message-----
From: Mark Thomas [mailto:markt@apache.org] 
Sent: Saturday, July 13, 2013 12:50 PM
To: legal-discuss@apache.org
Subject: Re: [jira] [Commented] (LEGAL-172) Require a copyright notice in source headers

On 13/07/2013 20:12, Lawrence Rosen wrote:
> LR: Click on download.  How many "files" does ASF publish? If those 
> files are available separately, then we want to make sure that a 
> header notice accompanies each such separate file.

Larry,

The ASF already has a policy that requires that every artefact explicitly made available for
download (e.g. by listing it on our download pages or by publishing it in some form of public
repository MUST include the relevant LICENSE and NOTICE for that artefact in the standard
place for that artefact (root of the archive for .zip. tar.gz etc., /META-INF for JAR files
and so on).

Artefacts explicitly made available for download are referred to as releases. These releases
may be collections of source files or they may be convenience binaries provided to save users
having to create the binaries themselves from the source release.

The NOTICE file must have the appropriate copyright notice for that artefact and is usually
along the lines of:
Copyright 1999-2013 The Apache Software Foundation

If I have understood the discussion so far correctly, while you might disagree with the detail
of the date range used in the copyright statement above, this is the procedure you are advocating.
Since it is consistent with ASF policy, I don't see any issue so far.


However, ...


The ASF has many more artefacts that are not explicitly published or released but that can
be downloaded separately. Our source repositories are publicly accessible and anyone may download
an individual file from one of those repositories.

What isn't clear to me at this point is are you advocating that every individual file in the
ASF's source repository that has some copyrightable content must include a copyright notice?

Currently, all those individual files do include an ALv2 license header but do not include
a copyright notice.

Mark

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