Noel J. Bergman wrote:
> Rich,
> 
>> What is the rationale for the full text in each and every file?
> 
> ASF Board directive, as it was told to me.  I wasn't privy to the decision
> making process, but I assume that a determination was made that:
> 
>  /* Copyright (C) The Apache Software Foundation. All rights reserved.
>   *
>   * This software is published under the terms of the Apache Software
>   * License version 1.1, a copy of which has been included with this
>   * distribution in the LICENSE file.
>   *
>   */
> 
> is not sufficient from a legal perspective.

i said that, and i was at least partly wrong.  see the attached
message from roy.
-- 
#ken    P-)}

Ken Coar, Sanagendamgagwedweinini  http://Golux.Com/coar/
Author, developer, opinionist      http://Apache-Server.Com/

"Millennium hand and shrimp!"
--- Begin Message ---
and inclusion by reference isn't suddenly becoming official with the
2.0 licence; until we hear counsel that says its safe, we most likely
won't permit it regardless of the size of the licence text.

WTF? Of course it is safe, and we've already had several lawyers review it, not to mention ample evidence from the MPL and GPL that other lawyers believe it is safe with the proper reference text. The proposed 2.0 license text was specifically written to support inclusion by reference.

The problem with the 1.1 license is that it lacked a way to define
the scope of what was covered beyond "this file".  As such, the board
has not approved its use by reference for our own products.

Even so, it is still "safe" (albeit confusing) to use it by reference
provided that the file starts with a proper copyright line and
"All rights reserved."  After all, our license simply spells out the
conditions under which we reduce our own rights -- it doesn't matter
whether or not the user can see the full agreement because without
the agreement they cannot legally copy the file at all.

....Roy



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