I've reviewed the Apache v.2.0 license in detail and think that its content and structure go a long way toward accomplishing the stated objectives of clarity, ensuring IP protection, addressing contributions from those who haven't signed separate CLAs, and compatibility with other licenses. With those objectives in mind, I'd like to propose a few revisions (redlines below, clean copy attached) that are intended to be consistent with the proposed Individual and Corporate CLAs and to otherwise clarify a couple points regarding the licensing and redistribution of the code. Those suggestions are as follows:
Sections 1 and 3(B) -- Revised to reflect that the "Work" may not be an "original" work of authorship and could in fact be a redistribution, modification, or derivative work distributed under the authorization of the copyright owner; under the current licensing structure, the original work of authorship (and modifications thereto) is treated as a "Contribution."
Section 3(D) -- Revised to ensure that separate CLAs executed by the Contributors with the Licensor remain in effect and are not overridden by the terms of this license. Added brief comment to highlight that Contributors should only submit code they have written.
Section 4(A) -- Revised to achieve consistency with proposed CLAs.
Section 4(B) -- Revised to achieve consistency with proposed CLAs. Also, I understand and appreciate the rationale Roy provided for omitting from the patent license the combination of the Contribution with works that are publicly available, so in the absence of that text I am recommending language to finetune its application to the combination of the Contribution with the Work to which it is submitted. I would recommend the same change in text for the CLAs.
Section 5 -- Revised to achieve consistency with proposed CLAs. Clarified that modifications to theWork that are also Contributions are not excluded from the scope of the defensive termination.
Sections 6 and 7(A) -- Added comment that license is provided for informational purposes, consistent with approach in Section 7(B). Also added alternative of making license text available through a web site link, in order to streamline documentation requirements.
Sections 6 and 7(C) -- Clarified that end-user can distribute both unmodified and modified code under different terms, subject to the requirements of this license.
My only other comment regarding the CLAs is with respect to the Corporate version. I would recommend the deletion of the second half of Section 5, which provides that the company must include details of third-party licenses/restrictions "of which it is personally aware." Because there can be employees in a company (particularly a large one) who may have knowledge of such restrictions but who are not participating in a given project, it is difficult, if not impossible, for the company to make this commitment; it can only do so through the employees who are actively involved. The Individual CLA already places that obligation on the participating employees, so I believe that the objective is still attained.
Thanks to everyone for their consideration of these comments, as well as the tremendous efforts that have gone into these licenses.
Jennifer Machovec
IBM Corporation
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====================================================================
== Sample NOTICE file, in this case for Apache httpd-2.0 ==
====================================================================
This product includes software developed by
The Apache Software Foundation (http://www.apache.org/)
and licensed under the Apache License, Version 2.0.
The names "Apache" and "Apache httpd" are trade names of
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Portions of this software were developed at the National Center
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ftp://ftp.csx.cam.ac.uk/pub/software/programming/pcre/
