I've been operating under the assumption that 'donation' of code to Apache included the assignment of copyright. I believe this is what happened with the Sun donated Tomcat code, and perhaps others.
I confess I'm unable to find mention of any such policy on any Apache documents therefore I may be mistaken. According to what I have found copyright assignment is not necessary though conformance/relicensing with the Apache license is. The closest I've found to a determination in this respect for the Derby project is RuS' mention of: 'IBM contributes the Cloudscape code to the ASF, including copyright licensing and so forth. The result is called Apache Derby.' at http://ken.coar.org/burrow/?day=2004-08-03. Unfortunately 'copyright licensing' is a phrase whose interpretation is beyond my meager knowledge of copyright law. Does this indicate simply a relicensing of the copyright or is there more to it?
If the Apache Foundation doesn't maintain copyright can it effectively defend Derby's license? I recall this being an issue for any code contributed to FSF leading to any such contribution having the copyright assigned to the FSF. More information is available here, http://www.gnu.org/philosophy/enforcing-gpl.html.


Daniel John Debrunner wrote:

<snip>

I believe that since the copyright is IBM's, the original (IBM's)
statement of copyright (not licence) should remain. The original comment
in each java file is like

   Licensed Materials - Property of IBM
   Cloudscape - Package org.apache.derby.authentication
   (C) Copyright IBM Corp. 1998, 2004. All Rights Reserved.
   US Government Users Restricted Rights - Use, duplication or
   disclosure restricted by GSA ADP Schedule Contract with IBM Corp.


The 'Licensed Materials - Property of IBM', 'All Rights Reserved' and 'US Government ...' are licensing terms and can be removed and replaced as Jonas says above. Which leaves

   Cloudscape - Package org.apache.derby.authentication
   (C) Copyright IBM Corp. 1998, 2004. All Rights Reserved.

   Licensed under the Apache License, Version 2.0
   [remainder of standard Apache text as in Jonas's e-mail]


Not sure what should be done about the 'Cloudscape ...' line, it's described as a unique identifer in the IBM copyright guidelines.

Dan.

<key snip>

--
Jason Rimmer
jrimmer at irth dot net

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