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: New versions of CC licenses
Date Wed, 04 Dec 2013 18:49:02 GMT
Jeff Thompson wrote:
> At least from a potential commercial user's perspective,

> Section 2.a.5.B effectively requires carrying forward 

> the CC license terms verbatim in the user's license to

> its customer.  

> Isn't that a problem from an Apache licensing policy 

> perspective?  

 

No. The Apache License 2.0 license is /also/ carried forward verbatim in the
commercial licensor's license to its customer. As are the licenses of /each
of the components/ in that Apache work. 

 

You can't undo a copyright owner's license by slapping your own proprietary
license on top of it.

 

/Larry

 

Lawrence Rosen

Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com
<http://www.rosenlaw.com/> )

3001 King Ranch Rd., Ukiah, CA 95482

Office: 707-485-1242

Linkedin profile: http://linkd.in/XXpHyu 

 

From: Jeffrey Thompson [mailto:jthom@us.ibm.com] 
Sent: Wednesday, December 04, 2013 7:03 AM
To: legal-discuss@apache.org
Cc: Lawrence Rosen; luis.villa@gmail.com
Subject: Re: New versions of CC licenses

 

Luis,
     
luis.villa@gmail.com wrote on 12/04/2013 01:56:04 AM:

> As I believe I've noted here before, CC (4.0 and earlier) has an
> anti-DRM provision that makes it a poor fit for the embedded/mobile
> space
 . . . 
> there is nothing else in 4.0 that would be
> problematic.
> 
> Luis
> 
I'm not sure I agree with that summary.  The anti-DRM provision is more than
just a "no-technological measures" requirement.  At least from a potential
commercial user's perspective, Section 2.a.5.B effectively requires carrying
forward the CC license terms verbatim in the user's license to its customer.
Isn't that a problem from an Apache licensing policy perspective?  

The gist of Apache's policy has been that as long as you're passing on the
notices and otherwise complying with the license, its not a problem if the
user's commercial terms with their customers are different from the Apache
license (for example, most commercial licenses prohibit modification, or at
least void warranties and support, etc if the code is modified).  Wouldn't
anything that changes that basic understanding be problematic (e.g., you
MUST grant all of the rights that you received)?

Jeff

Counsel, IBM Corporation 


Mime
View raw message