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From "Dennis E. Hamilton (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-172) Require a copyright notice in source headers
Date Wed, 17 Jul 2013 04:52:50 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-172?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13710684#comment-13710684
] 

Dennis E. Hamilton commented on LEGAL-172:
------------------------------------------

@Marvin @Larry

Since a comment of mine comes into play, I'll respond to a part of the rejoinder that baffles
me.

Suppose that I have some files or files that bear my copyright notice and I contribute those
files to an Apache Project.  Clearly, the necessary license has been granted, by one means
or another to the ASF and the Apache Project.  And those works appear in an Apache Project
release.

Who can I possibly sue for copyright infringement?  

 1. The grant to the ASF, and transitively to recipients of the release, has no strings whatsoever.
 None.  I have basically made a non-exclusive license of every exclusive right I have other
than transfer of copyright itself.  Did I miss something there?

 2. If the infringer can satisfactorily claim that my work was obtained via the Apache Project
release, that strikes me as a powerful affirmative defense so long as the provisions of the
Apache License Version 2.0 are satisfied.  And if the ALv2 is not honored, *I* don't have
standing for an action in that respect.  

 3. In the off chance that my work is incorporated from an ALv2 (or other Category-A-licensed)
release of my own, and not by direct contribution of mine, and bearing my copyright notice,
I still don't see where I have much standing to sue, although there may be additional requirements
(e.g., attribution requirements) on the project and transitively, on any recipient of the
Apache Project Release.  Since an infringer (including the ASF) can pretty easily cure the
situation, it strikes me as bordering on a trifle.  Of course, that's for me.  Other third-party
sources may have their own ideas.  

 4. If the ASF Project has neither direct contribution from me nor a license from me, my notice
of copyright is removed, and I can prove plagiarism, that probably qualifies as willful infringement.
 But now we've completely left the scope of this conversation, since it depends on an inappropriate
act of an Apache Project committer/contributor (or of the source the committer/contributor
relied upon if my work is misrepresented by another along with assertion of an ASF-friendly
license).  

I have probably left something out.  But I think 1-2 are clean and 3-4 are pretty speculative.
 I don't think anything proposed with regard to ASF handling of copyright notices is going
to exacerbate the situation, unless a copyright notice is removed by a party having no authorization
to do so by an owner of the asserted copyright.
                
> Require a copyright notice in source headers
> --------------------------------------------
>
>                 Key: LEGAL-172
>                 URL: https://issues.apache.org/jira/browse/LEGAL-172
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Sam Ruby
>            Assignee: Sam Ruby
>
> The current ASF Source Header and Copyright Notice Policy does not include, and actively
discourages, any copyright notice in the header:
> http://www.apache.org/legal/src-headers.html
> Larry Rosen has requested that any source file that contains a license header also include
a copyright notice[1], and that his vote be counted[2].  This JIRA tracks these requests.
> The vote itself will take place on the legal-discuss mailing list, start shortly after
this month's board meeting on Wednesday, July 17th, and will continue through Sunday July
21st with the results published on Monday July 22nd.  Only votes from members of the Legal
Affairs Committee PMC, as recorded in [3] will be considered binding.  To pass, the vote will
need a minimum of three +1's and more +1's than -1's.
> Prior discussion of this issue:
> http://mail-archives.apache.org/mod_mbox/www-legal-discuss/200502.mbox/browser#msg-12
> https://issues.apache.org/jira/browse/LEGAL-114
> https://issues.apache.org/jira/browse/LEGAL-124
> https://issues.apache.org/jira/browse/LEGAL-168
> More references can be found here:
> https://issues.apache.org/jira/browse/LEGAL-114?focusedCommentId=13679229&page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel#comment-13679229
> Footnotes:
> [1] https://issues.apache.org/jira/browse/LEGAL-114?focusedCommentId=13704820&page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel#comment-13704820
> [2] https://issues.apache.org/jira/browse/LEGAL-114?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13702248#comment-13702248
> [3] https://svn.apache.org/repos/private/committers/board/committee-info.txt

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