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From Jeffrey Thompson <jt...@us.ibm.com>
Subject RE: New versions of CC licenses
Date Wed, 04 Dec 2013 22:30:53 GMT


"Lawrence Rosen" <lrosen@rosenlaw.com> wrote on 12/04/2013 01:49:02 PM:
> 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.

Larry,
     We've had this discussion before.  The Apache license does not say
that it must become a part of the license under which the Apache user
licenses the resulting product to its customer.  It merely states that a
copy of the Apache license needs to be provided.  This was part of the
design.

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

There is no general copyright principle that says that a licensee has to
pass on all rights that it received from its licensor.  If you can provide
a cite to one, please do.

Let me ask you this, IBM creates and licenses development tools to its
customers under the IPLA (a proprietary license which is named the
International Program License Agreement).  For the tools that embed
runtimes in the developed applications, the terms of the license permit
redistribution of those runtimes in your application.  Is it really your
position that IBM customers must incorporate the IPLA into their outbound
licenses?  If they also use Microsoft and Oracle development tools, do they
need to include the licenses from those vendors, as well?  This would be
news to the entire software industry.

Jeff

>
> /Larry
>
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