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From Henri Yandell <bay...@apache.org>
Subject Re: Third Party FOSS licenses
Date Sat, 01 Aug 2015 18:50:20 GMT
On Sat, Aug 1, 2015 at 11:20 AM, Lawrence Rosen <lrosen@rosenlaw.com> wrote:

> Henri Yandell asked:
>
> > The majority of contributions are based on the pre-existing work.
>
> > So how can "As long as those works are indeed separate and
>
> > independently created by identified (or anonymous) authors"
>
> > be correct?
>
>
>
> The phrase "based upon" is part of the definition of "derivative work" (17
> U.S.C. 101 <http://www.copyright.gov/title17/92chap1.html#101>). You may
> be right that the majority of contributions to Apache projects are
> themselves derivative works of even earlier original works. That wouldn't
> surprise me since that is the preeminent objective of FOSS software.
>
>
>
> This may be what Sam referred to as "marbled beef" or "pee in the pond".
> We (independent Apache projects) collect that stuff and publish it.
>
>
>
> It doesn't matter how much creativity it takes to combine separate and
> independent works and create derivative or collective works of software.
> But it does take an identified (or anonymous) human being (or a legal
> entity like ASF) as its author in order to create a separate and
> independent work.
>
>
>

What I mean is that most contributions are derivative works of the Apache
product they are contributing to.

Hen

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