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From Steve Varnau <steve.var...@esgyn.com>
Subject RE: License statement third party modified code
Date Sat, 20 Feb 2016 00:46:39 GMT
> -----Original Message-----
> From: shaposhnik@gmail.com [mailto:shaposhnik@gmail.com] On Behalf Of
> Roman Shaposhnik
> Sent: Friday, February 19, 2016 4:19 PM
> To: legal-discuss@apache.org
> Subject: Re: License statement third party modified code
>
> On Fri, Feb 19, 2016 at 9:32 AM, Steve Varnau <steve.varnau@esgyn.com>
> wrote:
> > Hello,
> >
> > Instructions on the website regarding source headers:
> > http://www.apache.org/legal/src-headers.html
> > Gives instructions for “Treatment of third-party works”. Point five
> > says:
> >
> >                 Major modifications/additions to third-party should be
> > dealt with on a case-by-case basis by the PMC.
> >
> > So I raised these questions in the general@incubator list.  I got no
> > responses except for suggestion to bring the question to this
> > legal-discuss list.
> >
> > I've identified two cases we have in Trafodion. In both cases, I believe
> > we have handled the third-party copyright/license statements correctly
> > in
> > the LICENSE file and in the source code.
> >
> > The question is whether this code has had so much modification that we
> > need to also put an Apache license header into these files, or some
> > other
> > sort of statement, or if it fine as is with only the third-party
> > copyrights?
> >
> > Case 1:  One file (only couple hundred lines) that was taken from flex
> > for
> > parsing was modified substantially to create new function in order to
> > handle parsing of Unicode text. As far as my research can tell, all the
> > Unicode-specific work is specific to Trafodion and was developed by HP,
> > which was then granted to ASF.
> > https://github.com/apache/incubator-trafodion/blob/master/core/sql/parser/
> > ulexer.h
> >
> > Case 2: Several dozen tests that were written for Phoenix by Salesforce.
> > Trafodion took a copy of those tests after they were open-sourced, but
> > before the code was granted to ASF.  Trafodion adapted those tests to
> > run
> > against Trafodion instead of Phoenix. The tests generally do the same
> > things as originally intended, but were heavily modified due to what
> > Phoenix supported versus what Trafodion supported at that time and
> > since.
> > The forked tests were maintained separately over the last couple years,
> > they were not merged over after the initial copy.
> > https://github.com/apache/incubator-trafodion/tree/master/tests/phx/src/te
> > st/java/org/trafodion/phoenix/end2end
> >
> > Any guidance?
>
> IANAL, but having dealt with a lot of situations like the above, I've
> always been
> advised to be extremely conservative about licensing implications of
> refactoring
> existing code. In certain cases, even if you no so much refactor, but
> rewrite it
> from scratch you may still be 'contaminated' by the original
> implementation
> and
> thus you may not be able to unilaterally release it under a different
> license(*).
>
> So let me ask you a question back: why do you think it would be a problem
> to leave those files be and keep calling them out in LICENSE/NOTICE ?
>
> Thanks,
> Roman.

No, I have no problem keeping the existing copyright statements and LICENSE
file
info.  Just wondering if we also need Apache header.

-Steve


>
> (*) I was once witness of the clean-room reverse engineering exercise in a
> big
> corporation that was  trying to integrate with GPL library and had to
> do a tricky
> assembly-level handshake. The exercise consisted of one engineer reading
> the original's handshake assembly code and then explaining it to the
> 2nd engineer
> in generic terms so that the 2nd guy could write an implementation.
>
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