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From "Roy T. Fielding (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-207) May Apache projects have dependencies with prohibited licenses in test code?
Date Tue, 22 Jul 2014 23:08:39 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-207?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=14071089#comment-14071089
] 

Roy T. Fielding commented on LEGAL-207:
---------------------------------------

No, the board delegated the management of legal affairs to the VP and the establishment of
legal policies to the committee. The "legal policies" here are the procedures set out for
applying decisions in accordance with the law (as informed by our legal counsel). In other
words, things like "what do I need to do for export controls" and "how do I apply the Apache
License to my work", as opposed to "must I apply the Apache License to my work?". The latter
is a board policy based on choice, not law, and has little (if anything) to do with legal
counsel.

If you want to argue that this discussion is necessary here to update some document that the
legal affairs committee is currently maintaining in accordance with board policy, then I would
expect a patch proposal for that document (not a general question about board policy). We
gave up on establishing abstract policies here, long ago, and instead look at specific cases
when requested.

My answer to the question remains the same. An Apache product is allowed to be dependent on
third-party code with prohibited licenses. Whether or not our product is allowed to include
such a dependency within the product itself (distributed by us under one of our product names)
is a question that can only be answered by looking specifically at the license in question
and what it requires of our work.

Calling it "test code" doesn't give any meaningful insight, since burdensome licensing is
often associated with "test code" (e.g., Java TCKs).

> May Apache projects have dependencies with prohibited licenses in test code?
> ----------------------------------------------------------------------------
>
>                 Key: LEGAL-207
>                 URL: https://issues.apache.org/jira/browse/LEGAL-207
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Steve Rowe
>
> Spinoff from LEGAL-206.
> Are ASF projects allowed to distribute test source code that will not compile without
a 3rd party dependency that has a prohibited license?
> For example, Java test code that includes lines of the form:
> {code:java}
> import com.example.Myclass;
> ...
> Myclass clazz = new Myclass();
> {code}
> where the definition of {{com.example.Myclass}} is included in a 3rd party dependency
that has a prohibited license.
> While most products are unlikely to include compiled test source code with convenience
binaries (though some projects do, including Apache Lucene's "Lucene Core" and Solr products),
the ASF distributes source, so non-inclusion in binary distributions should not affect the
answer here. 
> This question is not directly addressed anywhere that I can find.



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