W dniu 2011-08-23 18:04, Nick Burch pisze:
On Mon, 22 Aug 2011, Sergey Vladimirov wrote:
First of all, we shall understand, uploading files to jira / bugzilla
is not something that gives us a right to distribute files under ASL
license. I mean, if user didn't give us permission to do so by setting
"patch" option, they are not under ASL license.

See clause 5 of the license:
http://www.apache.org/licenses/LICENSE-2.0.html

5. Submission of Contributions. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work by
You to the Licensor shall be under the terms and conditions of this
License, without any additional terms or conditions. Notwithstanding the
above, nothing herein shall supersede or modify the terms of any
separate license agreement you may have executed with Licensor regarding
such Contributions.

If someone sending something in doesn't explicitly state it isn't for
inclusion (which they sometimes do, and the jira tickbox makes clear),
we are allowed to take it as a contribution by default.

Sometimes someone will contribute a file they don't have the rights to
do so with, and we do need to ensure that when that's known we don't
include it. We are covered for files (code, samples, patches, tests etc)
people give us by default though

Just to make things clear:

If I upload a file to JIRA and forget to tick the "not-for-inclusion" checkbox and don't say/write anything then ASF will imply that I grant it the right to redistribute it under ASL. Someone will commit it and it will get included in the source package.

Now if I don't "own" the file and the original "owner" (whatever that means), steps up then ASF is shielded from liability as I'm the one who made use of a right which was reserved for the owner. ("All rights reserved").

So from your POV, all the docs which are already in the SVN - can stay there, as somebody granted you the right to redistribute them. Whether or not they had been able to do that - it's their problem.

If this is so, then govdocs are OK. Let the US Government sue me (and the Naval Postgraduate School for that matter) for "redistributing" documents they marked as public anyway. There is no real danger.

Antoni Myłka
[email protected]

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