On Tue, 2006-04-04 at 09:16 -0700, Henri Yandell wrote:
> On 4/2/06, Martin Cooper <[EMAIL PROTECTED]> wrote:
> > On 4/2/06, Sandy McArthur <[EMAIL PROTECTED]> wrote:
> > >
> > > For me that falls apart in two places:
> > > 1. authorship != ownership, this is made clear by the file's header.
> > > 2. subversion contains enough information to target critical
> > > contributors. In my mind that is like worrying about a second story
> > > window that may be unlocked when your front door is off the hinges.
> >
> >
> > Subversion does indeed contain plenty of information. However, lawyers don't
> > understand source control systems, but they do understand plain text. A
> > technical perspective isn't what's important here; what lawyers understand,
> > and what is supported by legal precedent, is. That's where the board is
> > coming from, backed by legal advice.
> 
> There's also a difference between push and pull, I believe. We are
> publishing/distributing the author names in the javadoc/source - we
> don't publish the subversion data.

AIUI copyright is not the key issue here and (so) not ownership or
authorship. the ASF tries to ensure that there is a public record of the
entire process so that this should be clear and transparent. so,
ownership and authorship should not be in doubt. however, the intent may
be. use of the author tag was thought to increase the chance of a court
ruling that when the source was created, the contributor intended to
work for themselves rather than on the ASF's behalf. not sure how strong
this argument would be but (since it was only a recommendation) quite
possibly not very.

but if you're interested in the legal side of this issue, it might be
worth raising this on legal discuss when things are a little quieter
than now...

- robert


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