Github user emilianbold commented on the issue:

    https://github.com/apache/incubator-netbeans/pull/52
  
    I really believe this should be discussed on dev@. There are two email 
threads, one started by me and one by @junichi11 for mentors (which haven't 
replied).
    
    We are not running in circles, you just want license headers everywhere!
    
    There are various types of 'templates': 
    
    1. example text displayed to users as preview in Options window and 
elsewhere
    2. freemarker templates used internally and
    3. freemarker templates the user is also able to see and edit (eg. Open in 
Editor for Tools | Templates).
    
    The general direction I am using is simple:
    
    * if a file has the Oracle template I will replace it, regardless. We'll 
think of the user-facing impact later.
    * for templates without an existing Oracle license header, I will not add a 
license header but exclude it from Rat.
    
    The only exception where I would add the license header is category 2 where 
it is clear the end user does not get to see or edit the template. But we have 
to prove this for each individual file and it's not really worth the trouble 
because these templates are simple (not much Intelectual Property, really) and 
the lack of a license header does not imply Public Domain anyhow (the whole of 
NetBeans does have a license).
    
    I don't think it's up to us to teach developers copyright and patent law.
    
    A lot of developers are really clueless about the legal ramifications and 
they will dislike a lot seeing Apache license headers in "their" code 
generation pipeline (because, aren't they creating derivative works? Actually, 
they are!).
    
    By the time you have them thinking about this (or, maybe even, ask their 
own legal counsel) you have already lost a customer.


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