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From "Roy T. Fielding" <field...@gbiv.com>
Subject Re: Understanding non-release licensing at the ASF
Date Sat, 29 Aug 2015 01:10:58 GMT
> On Aug 27, 2015, at 11:35 PM, Richard Eckart de Castilho <rec@apache.org> wrote:
> 
> Roy, thank you for your explanation and opinion.
> 
> I'm aware that open source organizations work in the way that you describe
> and nobody really complains about it - I'm also operating in this mode
> within the ASF and happily so.
> 
> Yet, I have to admit that it somehow feels strange when questions as the ones
> I asked are considered as not being relevant until it is discussed in court. 
> Many of the questions we raise are raised because we want avoid going to court
> and we look towards the present law to guide is in doing so. 

Unfortunately, there is no technical criteria by which we can discover when
and how a given copyright comes into existence.  There are no such rules.
What is, or is not, original, and how it came to be, is not something that
we can write down in a simple guide.  Hence, it has to be determined for each
and every case.  The key, though, is that it never has to be determined if
nobody ever files suit over the provenance of the code and nobody ever tries
to claim standing regarding copyright on the code.

> So what I meanwhile start reading in answers such as yours is that we are actually
> exploring the world beyond what the codified law provides us with.
> 
> Would you agree with such an interpretation?

Our goal is to remove the need to ask the question.  We remove the temptation
(any possible benefit) from filing a legal claim.  The best way to avoid courts
is to not place yourself in a position where anyone's interpretation matters.

....Roy


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