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From "Lawrence Rosen (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-172) Require a copyright notice in source headers
Date Wed, 17 Jul 2013 15:36:49 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-172?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13711188#comment-13711188

Lawrence Rosen commented on LEGAL-172:


> Programmers are a lazy bunch. 80% of my work as a release manager is tidying up after

LOL. And 80% (or more!) of the work of attorneys who help with FOSS is also spent tidying
up after lazy people.

> I am pointing out, however, that your suggestions (that I believe were made in ernest)
would have unfortunate consequences.

I recognize that. I do read what you write here!  

My suggestions a few years ago that ASF start to pay more attention to its trademarks has
also had unfortunate consequences, including more work for projects and more battles over
how our trademarks are used. On the other hand, there is now a greater appreciation that Apache
projects care about that intellectual property of ours and will take appropriate steps to
protect it -- even though the legal notices and processes seem antiquated, misleading, or
an interference with software freedom. 

FOSS doesn't simply involve pasting a license sticker somewhere on the code and ignoring the
rest of copyright (or trademark or patent) law. Our license is enforceable under copyright
law because we follow copyright law requirements. By ignoring its (antiquated, misleading,
or interfering) provisions, we risk having people ignore our license too. 

> Please assume good faith.

For most of my fellow Apache members, including you, I do assume good faith. I'd appreciate
reciprocity on that. 

But this discussion isn't about faith. It is about my understanding of copyright law and your
understanding of its consequences in Apache projects. 

I have several times requested that other attorneys here speak up. I specifically requested
that Sam Ruby obtain the written opinions of ASF's other pro bono attorneys so that these
discussions needn't be about me and you and our specific religious views. That is how professional
organizations should deal with legal issues when they arise.  Calling for a vote without such
opinions in hand is foolish. Regardless of how we decide this issue, we owe it to The Apache
Software Foundation that we resolve this professionally.

> 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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