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From Roman Shaposhnik <ro...@shaposhnik.org>
Subject Re: Is GitHub forking subject to clause 4b?
Date Fri, 30 Dec 2016 01:37:50 GMT
On Thu, Dec 29, 2016 at 5:20 PM, Roy T. Fielding <fielding@gbiv.com> wrote:
>> On Dec 29, 2016, at 12:03 PM, Roman Shaposhnik <roman@shaposhnik.org> wrote:
>> Btw, this is not a rethorical question. If the consensus on what I pointed
>> out is an overwhelming "yes -- it is a distribution" then we're in a real
>> trouble.
> It is pointless to talk about licensing in general terms and then bring
> up the notion of "trouble".

Fair enough. That said, I wasn't talking about licensing. I was talking about
an interpretation of a term "distribution". But I guess in a way, you're right
in that even that interpretation is subject to the license itself.

>  Licensing is not a program that halts and
> catches fire when it runs into obscure cases.  What matters is following
> the intent of a license (where it cannot reasonably be adhered to literally).
> Only a copyright owner with standing can bring trouble and they are
> unlikely to do so unless their original intent has been violated.

We do have examples of material (such as GPL dependencies and code)
residing in the ASF repositories at various stages of refactoring (podlings
are prime example here). If, according to the interpretation offered on this
thread so far, a random SHA on GH can be considered a "distribution" we
may have a number of theses SHAs in our repositories that would violate
licensing terms of others. Same goes to random forks taken at a moment
where said SHAs were exposed.

Personally, I still maintain (and this view seems to be in agreement with
yours Roy -- which is good enough for me ;-)) that a random SHA, even if
it makes a tree corresponding to that SHA available for download, does NOT
constitute a distribution. Or at the very least this will have to be
decided based
on intent.

I think I've accomplished what I wanted on this thread. Thank you all
for sharing
your opinions.


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