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From Henri Yandell <bay...@apache.org>
Subject Re: Creative Commons again
Date Mon, 16 Jan 2017 05:12:48 GMT
DRAFT of notice to PMCs. Any concerns/improvements?


To: <PMCs list>
Cc: legal-discuss@
Subject: Creative Commons Attribution + Share Alike clarification

Hola Apache PMCs,

Last year there was a discussion on how to handle Creative Commons
Attribution (CC-BY) licensing on the legal-discuss list[1]. This is a
license designed for 'media files', by which I mean things like pictures,
audio, and video. It is not (per Creative Commons themselves[2])
recommended to be used for software. At its heart it is a permissive
license, but its focus on non-software means it has conditions that go
beyond the Apache license (chiefly the term in 2.5 of 'You may not
distribute, publicly display, publicly perform, or publicly digitally
perform the Work with any technological measures that control access', and
the similar text in the later licenses).

Given that, we want to make sure our users can easily switch out CC-BY
licensing if a concern, and so we have moved it to the same status as the
Creative Commons Attribution ShareAlike license. Namely:

"Unmodified media (for example images, audio or video) under the Creative
Commons Attribution (CC BY: 2.5, 3.0, or 4.0) or the Creative Commons
Attribution ShareAlike (CC BY-SA 2.5, 3.0, or 4.0) licenses may be included
in Apache products, subject to the licenses attribution clauses which may
require LICENSE/NOTICE/README changes. For any other type of CC BY or CC
BY-SA licensed work, please contact the Legal PMC."

The upshot of this is that CC-BY software should not be included with
Apache projects, and that CC-BY media should not be modified.

Note that the Creative Commons Universal (CC0) license remains on the
Category A list and may be used with Apache works, while the Creative
Commons Non-Commercial license remains on the Category X list, and should
not be used.

Please follow up with legal-discuss@ if you have any questions, or concerns
about removing the CC-BY software in your next release.



On Thu, Jan 12, 2017 at 9:47 PM, Henri Yandell <bayard@apache.org> wrote:

> Sounds good.
> I'd like to mail pmcs@ as a part of doing this. Let them know the state
> of CC license usage rather than just updating here.
> Does that sound okay?
> Hen
> On Thu, Jan 12, 2017 at 7:02 AM, Jim Jagielski <jim@jagunet.com> wrote:
>> I'd say let's see how it goes... as you say, CC isn't really a s/w
>> license and anything we can do to further differentiate that from
>> our concern about s/w licenses related to our projects would be good.
>> > On Jan 12, 2017, at 12:33 AM, Henri Yandell <bayard@apache.org> wrote:
>> >
>> > We had a lengthy thread last year regarding Creative Commons
>> Attribution licenses. The upshot was that we moved it from Category A to
>> Category B.
>> >
>> > I'm not looking to open the discussion of moving it away from Category
>> A, but I'd like to reopen the decision of where to move it to. Category B
>> is designed for 'weakly' copyleft licenses and CC-BY is both not weak
>> copyleft, nor were our concerns related to copyleft.
>> >
>> > Rather than moving it to Category B, I'd like to move it to the section
>> entitled 'Can Apache projects include Creative Commons Attribution-Share
>> Alike works?'.
>> >
>> > The upshot is that this will move software under the CC-BY licenses to
>> a 'talk to legal-discuss@' from its current 'use in binary form'. Media
>> (which we should define better; 'for example audio, video and images')
>> would remain allowed for both CC-BY and CC-BY-SA.
>> >
>> > That maps well to CC's recommendation not to use CC licenses for
>> software: https://creativecommons.org/faq/#can-i-apply-a-creative-comm
>> ons-license-to-software
>> >
>> > Any thoughts or obvious problems this would cause?
>> >
>> > Hen
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