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From Alex Harui <aha...@adobe.com>
Subject Re: File Headers
Date Tue, 25 Mar 2014 22:21:24 GMT


From:  Kevan Miller <kevan.miller@gmail.com>
Reply-To:  "legal-discuss@apache.org" <legal-discuss@apache.org>
Date:  Monday, March 24, 2014 11:52 PM
To:  "legal-discuss@apache.org" <legal-discuss@apache.org>
Subject:  Re: File Headers


On 3/25/14 3:03 PM, "Alex Harui" <aharui@adobe.com> wrote:

>
>
>On 3/24/14 9:30 PM, "Alex Harui" <aharui@adobe.com> wrote:
>
>>I have a question about third-party source files as described in:
>>http://www.apache.org/legal/src-headers.html#3party
>>
>>Company A develops is a set of files that comprise version 1 of a
>>software
>>product.
>>The source code is made available under BSD.
>>Company B takes this source code and creates a whole new version.
>>New files are added.
>>Some of Company A's files are modified significantly.
>>Some of Company A's files are not modified at all.
>>
>>Company B donates the entire set of source code to Apache.
>
>Is this a contribution being accepted by a project? And coming in through
>the incubator's ip clearance process?
>http://incubator.apache.org/ip-clearance/index.html

Hmm.  It appears that we have some paperwork to do.  I'll follow up on
that on general@incubator

>
>Is company B contributing "their" code as ALv2?

Yes.

>
>
>>
>>Clearly, the new files get Apache Headers and Company B goes in the
>>NOTICE
>>file.
>Not enough information to evaluate that... Has Company B requested that
>they be in the NOTICE file?

Yes

>>I want to verify that we should not change the headers for Company A's
>>files that weren't modified.
>Examples/specifics might help... What changes do you want to make?
>

Replacing the header with the Apache header.

>In general:
>
>Don't change any copyright statements for Company A, unless you have
>explicit permission from A (or better for A to make the change,
>themselves). Don't alter/insert licensing information, either, since
>neither you nor B have the ability to relicense files that are copyright
>A.
>
>BTW, did B give you permission to move/remove their copyrights? Or is
>someone from B doing this?
>

We have permission from B.

>
>
>>And I want to understand what the options are for the files that were
>>significantly modified.
>>Is it the PMC's decision as to whether to change the header or are we
>>supposed to consult this list first?
>Are these files copyrighted by B? If not, then I don't see why you
>would/could change the header...
>
>
>
>>
>>Since in theory we cannot move Company A's copyright to the NOTICE file,
>>is there an option to put in the Apache Header and leave the Company A
>>header underneath or above it?
>This seems to imply that Company A's files are now ALv2. But that's not
>clear to me...
>
If a Company A file was modified so that most of the lines of code in that
file are now written by Company B, and B's work is under AL but A's work
is under BSD, do you still leave A's header/copyright in the file?  IOW,
does it matter what percent of the file was done by A under BSD?

>
>>
>>Or is this not that hard of a question because we should leave Company
>>A's
>>header and put Company A and Company B in the NOTICE and since most of
>>the
>>code will have AL headers folks will read the NOTICE and realize there is
>>some mixing of licenses and copyrights in some of these files?
>So this seems to imply you will have a mix of BSD (company A) and ALv2
>(company B)?
>
>The LICENSE file (or files) would contain the applicable licenses (e.g.
>ALv2 and BSD). And furthermore, I'd expect the LICENSE to contain
>information on which files/directories are under each license. The NOTICE
>is a separate matter.
>
OK, so the LICENSE file is where we should make it more clear what files
are under what license.

Thanks,
-Alex


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