www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: [jira] [Created] (LEGAL-172) Require a copyright notice in source headers
Date Sun, 14 Jul 2013 23:13:59 GMT
Stephen Connolly asked:

> Not to be a pain and risking opening a can of worms, 

> but those are US statutes, is there the possibility of issues

> outside the US... Or are we relying on the ASF being 

> encorporated in the US.

 

Good question. I'm not aware of any such issues, but I hope that other
attorneys on this list will speak up if they see any problems with ASF
relying on U.S. language for copyright law. 

 

> Also, returning from my tangent, but I would like to understand more
clearly what is meant by "file"?

 

Me too. It is not a term defined by copyright law. I understand that term
intuitively from my life as a programmer, but I'm not sure of how
consistently it is used in Apache projects. Here's how I clumsily skirted
that issue in chapter 7 of my book:

 

"The word file is not defined in the MPL. This word is a term of art from
the computer field; we must rely on experts to tell a court what that word
means; I'm confident, though, that every reader of this book has a clear
idea what the word file means and would recognize a modified file even
without an MPL definition for it."

.

"You are only obligated to apply the MPL's license restrictions to files
containing Original Code or Modifications. The rest of the files-your own
files-are not affected by the reciprocity obligation, even if you have
created a derivative work by adding your own files."

 

In JIRA LEGAL-114 that originally led to this copyright notice suggestion,
here are the first two sentences.

 

"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."

 

Why don't you tell me what was meant there by the use of the word "file". 

 

/Larry

 

From: Stephen Connolly [mailto:stephen.alan.connolly@gmail.com] 
Sent: Sunday, July 14, 2013 3:24 PM
To: legal-discuss@apache.org; lrosen@rosenlaw.com
Subject: Re: [jira] [Created] (LEGAL-172) Require a copyright notice in
source headers

 



On Sunday, 14 July 2013, Lawrence Rosen wrote:

Louis suggested:
> One could have, as no doubt has been suggested, "copyright is
> held by the ASF unless otherwise indicated."

That will be implied by our own ASF copyright notice and is made unnecessary
by 17 USC 404(a). Nice wording, but please let's stick to the official
wording prescribed by law at 17 USC 401 et seq. There is no value in being
creative here.

 

Not to be a pain and risking opening a can of worms, but those are US
statutes, is there the possibility of issues outside the US... Or are we
relying on the ASF being encorporated in the US.

 

Also, returning from my tangent, but I would like to understand more clearly
what is meant by "file"?

 

I get the feeling that you see a "file" as a single unit distributed by the
ASF either on an Apache "website"(note 1) or a mirror.

 

As such the following would all be single individual "file"s:

 

* A project source distribution .zip file is a file, but the contents of
that file (while individual computer files) are not the "file"s you seek?

 

* A project binary "helper" distribution .zip or .tar.gz or .msi, etc

 

* An example program demonstrating the use of, eg an Apache library
published on the corresponding project website or wiki

 

Note 1: technically our svn server is a website too... Wouldn't want all the
"sample" code on there to be seen as being "published" as it is a
side-effect of the technical means by which we develop software at ASF...
But if one is not careful in defining publishing on an ASF website, the SVN
& GIT servers can be seen as "published" (they are "public" but are we
"publishing them? Oh and they are picked up by mirrors (eg github)) 

 


/Larry


---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org <javascript:;> 
For additional commands, e-mail: legal-discuss-help@apache.org
<javascript:;> 



-- 
Sent from my phone


Mime
View raw message