Classic

2003-02-10 Thread Jon Scott Stevens
LOL!

http://www.internalmemos.com/memos/memodetails.php?memo_id=1321

-jon

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RE: Action items now or after board meeting?

2003-02-10 Thread Danny Angus
Sam, Noel, everyone..

  With respect to dnsjava and mm.mysql, my understanding is that 
 we had indeed
  received such alternate licensing.  Perhaps this needs to be 
 made more clear
  somewhere.
 
 If they issued a separate license for everyone to use, then I see no 
 record of this on their website.  If they issues a separate license for 
 the ASF, then I would expect the board to have a copy of this and I 
 would be very concerned about what limitations it might place on users 
 of ASF software.


I can't speak for dnsjava but the mm.mysql position is this..

the old mm.mysql driver is released under LGPL, when we removed this driver last time 
this issue came up Mark Matthews, then copyrightholder and licensor, contacted me and 
told me that as far as he was concerned our use of this library was consistent with 
LGPL (there is no compile time dependance on the copyright material, only on the JDBC 
contract) and was in fact the kind of use he'd intended to allow by choosing  LGPL 
over GPL.

The driver has been moved to MySQL and has become the MySQL connector-J, who's licence 
as distributed publicly is GPL and so we can't upgrade. Period. 

MySQL have indicated to me that they do intend to provide (or consider providing) 
specific less restrictive licences to certain groups, and that jakarta would likely be 
one, but I haven't heard any more, and until then the last release of the mm.mysql 
under LGPL is the only one we can use. If MySQL did contact me regarding a specific 
Apache licence I would, of course, pass this on as even a specific licence for Apache 
may not accord with either the ASFL or distribution of the driver by our mirrors.
FWIW I believe that I summarised this on general@jakarta at the time, but perhaps not.

If it would help I can fw my correspondance with Mark to the board for the record.

d.


Re: Action items now or after board meeting?

2003-02-10 Thread Sam Ruby
Danny Angus wrote:

 With respect to dnsjava and mm.mysql, my understanding is that we
 had indeed received such alternate licensing.  Perhaps this needs
 to be made more clear somewhere.

 If they issued a separate license for everyone to use, then I see
 no record of this on their website.  If they issues a separate
 license for the ASF, then I would expect the board to have a copy
 of this and I would be very concerned about what limitations it
 might place on users of ASF software.

 I can't speak for dnsjava but the mm.mysql position is this..

 the old mm.mysql driver is released under LGPL, when we removed this
 driver last time this issue came up Mark Matthews, then
 copyrightholder and licensor, contacted me and told me that as far as
  he was concerned our use of this library was consistent with LGPL
 (there is no compile time dependance on the copyright material, only
 on the JDBC contract) and was in fact the kind of use he'd intended
 to allow by choosing  LGPL over GPL.

It is not clear that the license he chose was consistent with his 
intentions.

 The driver has been moved to MySQL and has become the MySQL
 connector-J, who's licence as distributed publicly is GPL and so we
 can't upgrade. Period.

 MySQL have indicated to me that they do intend to provide (or
 consider providing) specific less restrictive licences to certain
 groups, and that jakarta would likely be one, but I haven't heard any
  more, and until then the last release of the mm.mysql under LGPL is
 the only one we can use. If MySQL did contact me regarding a specific
  Apache licence I would, of course, pass this on as even a specific
 licence for Apache may not accord with either the ASFL or
 distribution of the driver by our mirrors. FWIW I believe that I
 summarised this on general@jakarta at the time, but perhaps not.

The net affect of such a license would be that people who receive the 
software from us would have significantly less restrictions placed on 
what they could do with it than if they received these same bytes from 
the original source.

 If it would help I can fw my correspondance with Mark to the board
 for the record.

 d.


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RE: Licensing again.

2003-02-10 Thread Lawrence E. Rosen
 It should be noted that Apache Software Foundation members 
 are the legal
 *owners* of the software that is available under the Apache 
 Software License.  Indeed, that is one of the key benefits to 
 becoming an ASF member, as opposed to just a committer on one 
 or more projects.  It seems perfectly reasonable that 
 decisions on the license under which that software is 
 licensed should be made by the people that own it.

I'm curious.  What is the legal basis for this claim of ownership?

/Larry Rosen


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Re: Action items now or after board meeting?

2003-02-10 Thread Martin van den Bemt
On Mon, 2003-02-10 at 13:46, Sam Ruby wrote:
   MySQL have indicated to me that they do intend to provide (or
   consider providing) specific less restrictive licences to certain
   groups, and that jakarta would likely be one, but I haven't heard any
more, and until then the last release of the mm.mysql under LGPL is
   the only one we can use. If MySQL did contact me regarding a specific
Apache licence I would, of course, pass this on as even a specific
   licence for Apache may not accord with either the ASFL or
   distribution of the driver by our mirrors. FWIW I believe that I
   summarised this on general@jakarta at the time, but perhaps not.
 
 The net affect of such a license would be that people who receive the 
 software from us would have significantly less restrictions placed on 
 what they could do with it than if they received these same bytes from 
 the original source.

This is not necessarily true. The most likely scenario is that the
exception is just made for apache, not for people using apache, that
wish to customize that part it is concerning (unless they contribute
back of course..).

Mvgr,
Martin


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Re: Licensing again.

2003-02-10 Thread Sam Ruby
Andrew C. Oliver wrote:



I've never heard this other interperatation outside of the ASF.  I'll 
put more research into the issue and get back to you.

I know that all of the developers that use LGPL that I know of think 
that the jar binaries can be used with no problem at all in any type 
of code, including ASF.

If it's not the case, we should IMHO help them be aware that it's not 
the case.

Or at the very least until the ASF changes its unique interperetation, 
just ask the authors for a disclaimer *like* (but not exactly like) on 
the CLASSPATH project (which is GPL).  Honestly I'm not exactly sure 
under the ASF interperatation what the difference between GPL or LGPL 
is.  (This is why I find this interperation so doubtful)  While some 
authors will probably be like What's the point, thats why its LGPL? 
some will probably cooperate.

There is a clear difference between LGPL and GPL for languages which 
have a clearly defined concept of link.  Languages such as C.


Classpath is licensed under the terms of the GNU General Public License 
with the following special exception.

As a special exception, the copyright holders of this library give you 
permission to link this library with independent modules to produce an 
executable, regardless of the license terms of these independent 
modules, and to copy and distribute the resulting executable under terms 
of your choice, provided that you also meet, for each linked independent 
module, the terms and conditions of the license of that module. An 
independent module is a module which is not derived from or based on 
this library. If you modify this library, you may extend this exception 
to your version of the library, but you are not obligated to do so. If 
you do not wish to do so, delete this exception statement from your 
version.


Define link.

If you were subscribed to [EMAIL PROTECTED], you would have already 
seen the following:

http://nagoya.apache.org/eyebrowse/ReadMsg?[EMAIL PROTECTED]msgId=641442
http://nagoya.apache.org/eyebrowse/ReadMsg?[EMAIL PROTECTED]msgId=641503

-Andy


- Sam Ruby


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Re: Licensing again.

2003-02-10 Thread Martin van den Bemt
On Mon, 2003-02-10 at 16:19, Sam Ruby wrote:
 
 Define link.
 
 If you were subscribed to [EMAIL PROTECTED], you would have already 
 seen the following:
 
 http://nagoya.apache.org/eyebrowse/ReadMsg?[EMAIL PROTECTED]msgId=641442
 http://nagoya.apache.org/eyebrowse/ReadMsg?[EMAIL PROTECTED]msgId=641503

Based on that the rule should be : We cannot use anything that causes
the ASF to change their license at any point AND doesn't change the
license of any of the projects using the software in any way they want.
(extending, rewriting), without a single exception.

That would have stopped me from putting any time in looking at other
ways to solve this problem :) 

Mvgr,
Martin



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Re: Classic

2003-02-10 Thread Fergus Gallagher
Still there.. 

On Mon, Feb 10, 2003 at 08:52:34AM -0500, Geir Magnusson Jr. wrote:
 Has it been taken offline?  I was looking at it earlier, and can't now.
 
 Anyone have a copy?  I'd like to keep one.
 
 geir
 
 On Monday, February 10, 2003, at 03:00 AM, Jon Scott Stevens wrote:
 
 LOL!
 
 http://www.internalmemos.com/memos/memodetails.php?memo_id=1321
 
 -jon
 
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Re: Licensing again.

2003-02-10 Thread Pier Fumagalli
On 10/2/03 4:05 Lawrence E. Rosen [EMAIL PROTECTED] wrote:

 It should be noted that Apache Software Foundation members
 are the legal
 *owners* of the software that is available under the Apache
 Software License.  Indeed, that is one of the key benefits to
 becoming an ASF member, as opposed to just a committer on one
 or more projects.  It seems perfectly reasonable that
 decisions on the license under which that software is
 licensed should be made by the people that own it.
 
 I'm curious.  What is the legal basis for this claim of ownership?

The fact that each contributor, prior access to our CVS repository, signs a
paper saying that for whatever goes in CVS, he assigns copyright and
ownership of the code to the ASF... No more no less than what any random
employee of a software company does with his employer...

Pier


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Re: Licensing again.

2003-02-10 Thread Timothy Halloran
Does this mean the ASF has taken away the ability for others to do
derived works (including derived works that make the code commercial or
GPL -- with a simple name change)?  That would mean the license is no
longer open source (by OSD anyway)?

This is a strange discussion thread.

On Mon, 2003-02-10 at 12:36, Pier Fumagalli wrote:
 On 10/2/03 4:05 Lawrence E. Rosen [EMAIL PROTECTED] wrote:
 
  It should be noted that Apache Software Foundation members
  are the legal
  *owners* of the software that is available under the Apache
  Software License.  Indeed, that is one of the key benefits to
  becoming an ASF member, as opposed to just a committer on one
  or more projects.  It seems perfectly reasonable that
  decisions on the license under which that software is
  licensed should be made by the people that own it.
  
  I'm curious.  What is the legal basis for this claim of ownership?
 
 The fact that each contributor, prior access to our CVS repository, signs a
 paper saying that for whatever goes in CVS, he assigns copyright and
 ownership of the code to the ASF... No more no less than what any random
 employee of a software company does with his employer...
 
 Pier
 
 
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RE: Action items now or after board meeting?

2003-02-10 Thread Danny Angus
 I would, of course, pass this on as even a specific
licence for Apache may not accord with either the ASFL or
distribution of the driver by our mirrors. FWIW I believe that I
summarised this on general@jakarta at the time, but perhaps not.
  
  The net affect of such a license would be that people who receive the 
  software from us would have significantly less restrictions placed on 
  what they could do with it than if they received these same bytes from 
  the original source.
 
 This is not necessarily true. The most likely scenario is that the
 exception is just made for apache, not for people using apache, that
 wish to customize that part it is concerning (unless they contribute
 back of course..).

Exactly the kind of opposing interpretations I would rather not take responsibility 
for.

(PS I broke my mail server today, ha ha, so I missed Sam's post)

d.


Re: Licensing again.

2003-02-10 Thread Morgan Delagrange
No there are plenty of works derived from Apache
projects.  Apache code may be freely modified or
redistributed, but as per the Apache license:

  The end-user documentation included with 
  [redistributions of Apache code], if any, 
  must include the following acknowlegement: 
  This product includes software developed by the
  Apache Software Foundation 
  (http://www.apache.org/).  Alternately, this 
  acknowlegement may appear in the software itself, 
  if and wherever such third-party acknowlegements 
  normally appear.

The fact that Apache code has an owner (the ASF
membership) and a copyright does not exclude it from
having an open-source license.  In fact, if the code
did not have an owner, the license would be
exceedingly difficult to defend.

- Morgan

--- Timothy Halloran [EMAIL PROTECTED]
wrote:
 Does this mean the ASF has taken away the ability
 for others to do
 derived works (including derived works that make the
 code commercial or
 GPL -- with a simple name change)?  That would mean
 the license is no
 longer open source (by OSD anyway)?
 
 This is a strange discussion thread.
 
 On Mon, 2003-02-10 at 12:36, Pier Fumagalli wrote:
  On 10/2/03 4:05 Lawrence E. Rosen
 [EMAIL PROTECTED] wrote:
  
   It should be noted that Apache Software
 Foundation members
   are the legal
   *owners* of the software that is available
 under the Apache
   Software License.  Indeed, that is one of the
 key benefits to
   becoming an ASF member, as opposed to just a
 committer on one
   or more projects.  It seems perfectly
 reasonable that
   decisions on the license under which that
 software is
   licensed should be made by the people that own
 it.
   
   I'm curious.  What is the legal basis for this
 claim of ownership?
  
  The fact that each contributor, prior access to
 our CVS repository, signs a
  paper saying that for whatever goes in CVS, he
 assigns copyright and
  ownership of the code to the ASF... No more no
 less than what any random
  employee of a software company does with his
 employer...
  
  Pier
  
  
 

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=
Morgan Delagrange
http://jakarta.apache.org/taglibs
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http://axion.tigris.org
http://jakarta.apache.org/watchdog

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Re: Licensing again.

2003-02-10 Thread Craig R. McClanahan


On Mon, 10 Feb 2003, Timothy Halloran wrote:

 Date: 10 Feb 2003 13:43:24 -0500
 From: Timothy Halloran [EMAIL PROTECTED]
 Reply-To: Jakarta General List [EMAIL PROTECTED]
 To: Jakarta General List [EMAIL PROTECTED]
 Subject: Re: Licensing again.

 Does this mean the ASF has taken away the ability for others to do
 derived works (including derived works that make the code commercial or
 GPL -- with a simple name change)?  That would mean the license is no
 longer open source (by OSD anyway)?


People who *use* Apache code are free to use it in any way they want
(subject, of course, to the Apache license requirements).  That means that
they can incorporate GPL/LGPL code on their own -- no problems.  The user
of Apache software can even redistribute Apache+GPL code in a package if
they want -- nothing has changed there.

The issue at hand for Apache is what are the license terms that cover the
code that Apache *itself* distributes?  Users of Apache code, quite
naturally, will assume that the Apache Software License covers *all* the
code in that distribution.  That assumption is violated when a GPL/LGPL
package is included, and this matters a *lot* to organizations that, for
whatever policy reasons, choose not to utilize GPL/LGPL code.

Craig McClanahan

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Re: Licensing again.

2003-02-10 Thread Andrew C. Oliver
Martin van den Bemt wrote:


On Mon, 2003-02-10 at 16:19, Sam Ruby wrote:
 

Define link.

If you were subscribed to [EMAIL PROTECTED], you would have already 
seen the following:

http://nagoya.apache.org/eyebrowse/ReadMsg?[EMAIL PROTECTED]msgId=641442
http://nagoya.apache.org/eyebrowse/ReadMsg?[EMAIL PROTECTED]msgId=641503
   


Based on that the rule should be : We cannot use anything that causes
the ASF to change their license at any point AND doesn't change the
license of any of the projects using the software in any way they want.
(extending, rewriting), without a single exception.

That would have stopped me from putting any time in looking at other
ways to solve this problem :) 
 

Ahh, like the sun licenses too?  ;-)



Mvgr,
Martin



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