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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: Category B [Was: Creative Commons BY 4.0 license compatible?]
Date Tue, 28 Jul 2015 18:13:54 GMT
Henri Yandell wrote this:

> Category A: Akin to Apache, may be co-mingled.

 

> Category B: Does not affect Category A source when not co-mingled. Must be cleanly separated
with warning.

 

> Category X: Affects Category A source, may not be included (mingled at all :) )

 

Please define the highlighted terms. 

 

NO SOFTWARE affects Category A software when it is not "co-mingled" (whatever that term means).
Your category B is either empty or includes everything, depending on how one reads your double
negatives and how one "mingles". :-) 

 

There is NO FOSS-licensed software in Category X, with the possible exception of GPL software
under the "static linking" doctrine.  See OSD #1. 

 

Logical conclusion: All FOSS software, with the possible exception of GPL, is Category A.

 

To make things convenient for you, I'd define as following:

 

"When not co-mingled" means that it is published (made available?) in source code form as
an independent copyrighted work. This has no effect on binaries, in which FOSS software can
be mingled as appropriate for functional convenience without affecting any FOSS software licenses
(except perhaps GPL because of "static linking"). I hope that Creative Commons will adopt
this definition to allow DRM on convenience binaries and thus to make CC-BY be compatible
(as ALv2) with the Open Source Definition.

 

"Cleanly separated" means (as with all FOSS licenses) that the source code is available for
that work under a FOSS license. Apache projects shall publish all source for every contribution
in our convenience binaries. That entire source code always remains available under Apache's
"publish all source" rule.

 

"Warning" means documented in the NOTICE file, as required by ALv2 ยง 4 and by almost all
other FOSS licenses.

 

"Mingled" is a good word to use with FOSS software. See OSD #1. Sometimes "mingling" includes
the creation of a derivative work, in which case the reciprocity or other conditions (e.g.,
patent, attribution, trademark) of the FOSS license(s) on the original work(s) may apply.
Read the NOTICE file.

 

/Larry

 

 

From: Henri Yandell [mailto:bayard@apache.org] 
Sent: Monday, July 27, 2015 9:28 PM
To: ASF Legal Discuss <legal-discuss@apache.org>; Dennis Hamilton <dennis.hamilton@acm.org>
Subject: Category B [Was: Creative Commons BY 4.0 license compatible?]

 

+1 to your co-mingling description.

[<LER>] <snip> 

 


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