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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: Creative Commons BY 4.0 license compatible?
Date Sat, 01 Aug 2015 17:52:47 GMT
Sam Ruby wrote:
> Microsoft is under no obligation to release the source code to any of their modifications.

Unless that component's FOSS license sets a reciprocal condition, which we would know from
the NOTICE file.

Why don't you ask Microsoft to answer this question? They are here and their lawyers are extremely
capable.

/Larry

Lawrence Rosen
"If this were legal advice it would have been accompanied by a bill."


-----Original Message-----
From: Sam Ruby [mailto:rubys@intertwingly.net] 
Sent: Saturday, August 1, 2015 10:27 AM
To: Legal Discuss <legal-discuss@apache.org>; Lawrence Rosen <lrosen@rosenlaw.com>
Subject: Re: Creative Commons BY 4.0 license compatible?

On Sat, Aug 1, 2015 at 11:29 AM, Lawrence Rosen <lrosen@rosenlaw.com> wrote:
> Sam Ruby wrote:
>> My conclusion is that it is common practice for commercial companies 
>> to include components made available under what we have called 
>> "Category A" into their proprietary products and release only 
>> executables of their products.
>
> I have no problem with companies releasing executables. Every FOSS license allows that.
But they do not publish ONLY executables if the license requires otherwise.
>
> Sam cited this as an example: http://windows.microsoft.com/en-us/internet-explorer/third-party-code-notice.
Wherever the FOSS license requires it, Microsoft in that file points to the source code! As
they should. As we should. Microsoft and most other vendors write excellent third party notices
in the equivalent of their NOTICE file. I'll bet that, from that NOTICE file alone, any experienced
engineer could find the PUBLISHED (not hidden) source code for every one of those third party
FOSS products. If only our Apache NOTICE files were as well written.

A small clarification: when you say "the source code", what you presumably are referring to
is the upstream source code on which the code that was included in Internet Explorer was originally
based on.
That code may have been modified by Microsoft, and in fact the original code may bear little
resemblance to the code that actually is included.  Microsoft is under no obligation to release
the source code to any of their modifications.

- Sam Ruby

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