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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: Headers and Donations
Date Wed, 04 Jun 2014 14:45:20 GMT
Mark Struberg asked:
> Larry, do you question whether a substantial different code constitutes an
'own work' and thus might get changed to (s) ASF, or do you question whether
Alex (while working for his company) has no right to add (c) ASF to his
originary written code?

I question both.

> Or is this a special situation I'm not aware of,

This isn't an unusual situation at all.

> or do you just think it's easier in this case to simply get the ACK than
to hunt legal eventualities later?

That's usually the simplest solution. It is the one I recommended to Alex.

> ... <describing another situation> Anything wrong about this?

What's /right/ about this is that you said "with the OK of the authors and
their employer". That makes all the difference.

/Larry


-----Original Message-----
From: Mark Struberg [mailto:struberg@yahoo.de] 
Sent: Tuesday, June 3, 2014 11:35 PM
To: legal-discuss@apache.org
Cc: Lawrence Rosen
Subject: RE: Headers and Donations

Larry, do you question whether a substantial different code constitutes an
'own work' and thus might get changed to (s) ASF, or do you question whether
Alex (while working for his company) has no right to add (c) ASF to his
originary written code?
Or is this a special situation I'm not aware of, or do you just think it's
easier in this case to simply get the ACK than to hunt legal eventualities
later?

We have this a few times. E.g. in Apache BatchEE we forked (with the OK of
the authors and their employer) the IBM JBatch RI project The original was
ALv2 licensed already but has the (c) IBM file headers. We left those
headers, but all files we freshly added get the (c) ASF file header. The
same applies if we totally change the logic of a component and during that
rewrite almost the entire code. In this case we also changed the header from
(c) IBM to (c) ASF, even if the filename remains the same sometimes. IBM of
course gets honorably mentioned in our NOTICE file.
Anything wrong about this?

txs and LieGrue,
strub

--------------------------------------------
On Wed, 4/6/14, Lawrence Rosen <lrosen@rosenlaw.com> wrote:

 Subject: RE: Headers and Donations
 To: legal-discuss@apache.org
 Cc: "Lawrence Rosen" <lrosen@rosenlaw.com>
 Date: Wednesday, 4 June, 2014, 1:49
 
 Alex, please ask your
 employer that question. /Larry
 
 
 -----Original Message-----
 From: Alex Harui [mailto:aharui@adobe.com]
 
 Sent: Tuesday, June 3, 2014 4:23 PM
 To: legal-discuss@apache.org
 Subject: Headers and Donations
 
 Hi,
 
 I have a question about how to handle this
 scenario:
 
 Apache Flex has
 been downloading and using this MD5 code as part of the  build process:
 http://code.google.com/p/as3corelib/source/browse/trunk/src/com/adobe/crypt
 o/MD5Stream.as?spec=svn61&r=61
 
 It is too slow, so I
 hand-optimized it, and ended up rewriting everything  from line 70 to the
end of the file to get  acceptable performance (basically  by  in-lining
most of the functions).
 
 Questions:
 1) Can I check my
 version into the Apache Flex repo?  I keep seeing emails  mentioning that
Apache projects don't  "take" code.  Yes, I work for the same  company that
wrote this code, but I probably  don't have the authorization to  "donate"
it, and it has not been a  quick process to get other code donated.
 But
 now the code is substantially different from the  original.
 2) Can I change the header to an
 Apache header?  I'm pretty sure I'm not  supposed to if we were using the
original code  intact, but again, now it is  substantially  different.
 
 Thanks,
 -Alex
 
 
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