Re: Short Apache licence for source files

2002-12-09 Thread Ceki Gülcü
At 20:27 07.12.2002 +0100, you wrote:

Pier Fumagalli wrote:


You're free to file your complaint to the appropriate department dealing
with those kinds of issues: mailto:[EMAIL PROTECTED]


Naaah. There's a difference between making a remark here when the 
opportunity is there, and starting another 'feeding the trolls' thread 
over at [EMAIL PROTECTED]

I now see that my remark has been duly noted, and I can only hope that it 
somehow penetrates the firewall between us and The Members.

I think the tradition of meritocracy is deeply rooted in our
collective consciousness; I mean that of Apache. If you knock on the
door of [EMAIL PROTECTED], I am sure you will be allowed in. Things
do not necessarily become easier as a member, one still has to work on
listening, understanding and persuasion, exactly the same way a
a committed committer would.

Send an email to [EMAIL PROTECTED] and see how you are
received. Note the CC: to licensing@.



/Steven
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Re: Short Apache licence for source files

2002-12-09 Thread Steven Noels
Ceki Gülcü wrote:


I think the tradition of meritocracy is deeply rooted in our
collective consciousness; I mean that of Apache. If you knock on the
door of [EMAIL PROTECTED], I am sure you will be allowed in. Things
do not necessarily become easier as a member, one still has to work on
listening, understanding and persuasion, exactly the same way a
a committed committer would.


- thanks for the pointer, I already tried subscribing to [EMAIL PROTECTED] 
which obviously was the wrong address
- subscribing/posting: from what I see, it looks like my subscription is 
waiting to be moderated - excellent
- things being 'easier' when being a member: of course not, and I hope 
that wasn't the impression that I gave

Send an email to [EMAIL PROTECTED] and see how you are
received. Note the CC: to licensing@.


Thanks for the invitation - I'll post my questions to the licensing list.

/Steven
--
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Re: Short Apache licence for source files

2002-12-09 Thread Ceki Gülcü
At 12:23 09.12.2002 +0100, Steven Noels wrote:

Ceki Gülcü wrote:

- things being 'easier' when being a member: of course not, and I hope 
that wasn't the impression that I gave

The message I was trying to get across was that the firewall
a.k.a. barrier between members and committers exists mostly in
people's minds. Membership is not much more than a recognition of
one's work plus a stamp of approval for being usually reasonable.
Think of membership as even more positive karma in slashdot. From the
Foundations perspective membership also entails responsibilities and
obligations but that's a different topic.



/Steven


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Re: Short Apache licence for source files

2002-12-09 Thread Steven Noels
Ceki Gülcü wrote:


The message I was trying to get across was that the firewall
a.k.a. barrier between members and committers exists mostly in
people's minds. Membership is not much more than a recognition of
one's work plus a stamp of approval for being usually reasonable.
Think of membership as even more positive karma in slashdot. From the
Foundations perspective membership also entails responsibilities and
obligations but that's a different topic.


In people's mind is where thoughts come to fruition and actions are 
decided.

It's just that I don't like it when a discussion gets cut off by someone 
 using that imaginary firewall as a reason - even adding a redirect to 
some other place where it is deemed more appropriate for the discussion 
to be held. Oh well ;)

/Steven
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Re: Short Apache licence for source files

2002-12-09 Thread James Taylor
 - things being 'easier' when being a member: of course not, and I hope 
 that wasn't the impression that I gave
 
 The message I was trying to get across was that the firewall
 a.k.a. barrier between members and committers exists mostly in
 people's minds. Membership is not much more than a recognition of
 one's work plus a stamp of approval for being usually reasonable.
 Think of membership as even more positive karma in slashdot. From the
 Foundations perspective membership also entails responsibilities and
 obligations but that's a different topic.

It is a real barrier in that things seem less opaque for members. You
can tell people that nothing important happens on the members only
lists, but as long as there _are_ members only lists and such, the
firewall will always be percieved.

-- jt, observing not complaining.




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Re: Short Apache licence for source files

2002-12-09 Thread Ceki Gülcü
At 07:40 09.12.2002 -0500, James Taylor wrote:

 - things being 'easier' when being a member: of course not, and I hope
 that wasn't the impression that I gave

 The message I was trying to get across was that the firewall
 a.k.a. barrier between members and committers exists mostly in
 people's minds. Membership is not much more than a recognition of
 one's work plus a stamp of approval for being usually reasonable.
 Think of membership as even more positive karma in slashdot. From the
 Foundations perspective membership also entails responsibilities and
 obligations but that's a different topic.

It is a real barrier in that things seem less opaque for members. You
can tell people that nothing important happens on the members only
lists, but as long as there _are_ members only lists and such, the
firewall will always be percieved.


Many things remain opaque for members because new members do not
suddenly become omniscient. The phenomena of community legends exists
within Apache as within any community with some history. What sets
Apache apart from other communities is its built in open and tolerant
nature.  Openness is a hard term to define. IMO, the ability to speak
up and argue on almost any matter without fear of retribution makes
Apache open.

You will not find a single member claiming that important business is
conducted on the members list. The argument of members only mailing
lists preventing committers from gaining access to important
information does not hold water unless one assumes that all ASF
members are irredeemable liars united in a conspiracy against the poor
committers.

Some say that perception is everything. If perception is everything,
then reason and truth do not matter.  As far as I am concerned, reason
and truth are everything with perception a distant contender. After
all, we all perceive the earth to be flat which does not make the
earth any less spherical.

What is great about Apache is that a good argument and some
perseverance will get you a long way. That is a fact.  Status matters
but less than one would imagine. My disappointment with Apache was
that occasionally you get a very persistent person who convincingly
promotes bad ideas. Although some may see that and not agree, they
eventually throw in the towel. It then takes the community months or
even years to realize that the idea was bad. Of course, the problem
does stem from the open nature of the ASF but rather from the
imperfections of *any* conceivable system. The bottom line is that we
should not mistake the failings of the system with our own PGL
syndrome (paranoia, greed and laziness).


-- jt, observing not complaining.


--
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Re: Short Apache licence for source files

2002-12-09 Thread Steven Noels
Ceki Gülcü wrote:

snip/


--
Ceki, expounding not accusing.


Very nicely put.

/Steven
--
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Re: Short Apache licence for source files

2002-12-07 Thread Steven Noels
Ceki Gülcü wrote:


I never expected the ASF to falter and fold. However, I do expect the
ASF to act reasonably which implies that it can explain/document its
decisions.


Feeling very patronized if I see such threads...: +1

/Steven
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Re: Short Apache licence for source files

2002-12-07 Thread Pier Fumagalli
On 7/12/02 7:56 Steven Noels [EMAIL PROTECTED] wrote:

 Pier Fumagalli wrote:
 
 Current drafts of the 2.0 license include a solution to this
 issue, plus a whole bunch of other niceties.  Discussions of
 the new license are happening on a mailing list dedicated to
 that purpose.
 
 Where is that mailing list?
 
 
 I believe it was avaliable _only_ to ASF members...
 
 Which is kinda strange since it is the license which _committers_ also
 need to abide...

You're free to file your complaint to the appropriate department dealing
with those kinds of issues: mailto:[EMAIL PROTECTED]

Pier


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Re: Short Apache licence for source files

2002-12-07 Thread Steven Noels
Pier Fumagalli wrote:


You're free to file your complaint to the appropriate department dealing
with those kinds of issues: mailto:[EMAIL PROTECTED]


Naaah. There's a difference between making a remark here when the 
opportunity is there, and starting another 'feeding the trolls' thread 
over at [EMAIL PROTECTED]

I now see that my remark has been duly noted, and I can only hope that 
it somehow penetrates the firewall between us and The Members.

/Steven
--
Steven Noelshttp://outerthought.org/
Outerthought - Open Source, Java  XML Competence Support Center
Read my weblog at  http://radio.weblogs.com/0103539/
stevenn at outerthought.orgstevenn at apache.org


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Re: Short Apache licence for source files

2002-12-06 Thread Steven Noels
Pier Fumagalli wrote:


Current drafts of the 2.0 license include a solution to this
issue, plus a whole bunch of other niceties.  Discussions of
the new license are happening on a mailing list dedicated to
that purpose.


Where is that mailing list?



I believe it was avaliable _only_ to ASF members...


Which is kinda strange since it is the license which _committers_ also 
need to abide...

/Steven
--
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Outerthought - Open Source, Java  XML Competence Support Center
Read my weblog at  http://radio.weblogs.com/0103539/
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RE: Short Apache licence for source files

2002-12-05 Thread Ceki Gülcü
At 16:14 04.12.2002 -0800, Craig R. McClanahan wrote:


In the mean time, I believe all Apache projects should treat the Board
member comments quoted above and elsewhere in this thread (and taken out
of much larger discussions) as authoritative direction to ASF committers
that we should use the long form of the ASF 1.1 license in every source
file checked in to Apache CV repositories.

It doesn't matter whether it's legally required (to get around the this
software interpretation) or not.  It matters that the ASF Board
(representing the foudnation, which is the owner of all this code) told us
to do it that way.  That's all the reason any of us should need.


I thought that we were also supposed and even encouraged to think for
ourselves. No one has suggested to defy the board. I resent the shut-
-up-and-do-as-you-are-told attitude which does not characterize you,
the ASF, nor anyone on the board. What is going on here?


Craig McClanahan


--
Ceki

TCP implementations will follow a general principle of robustness: be
conservative in what you do, be liberal in what you accept from
others. -- Jon Postel, RFC 793



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Re: Short Apache licence for source files

2002-12-05 Thread Sam Ruby
Ceki Gülcü wrote:


I thought that we were also supposed and even encouraged to think for
ourselves. No one has suggested to defy the board. I resent the shut-
-up-and-do-as-you-are-told attitude which does not characterize you,
the ASF, nor anyone on the board. What is going on here?


Would a shut-up-and-think-for-yourself be any better?  It seems to me 
that you are seeking an explicit sanction for the practice of using the 
current license by reference.

The ASF is very much centered around an open and pragmatic license.  If 
you want to weaken this a bit in the name of saving a few bytes, the ASF 
is not going to falter and fold.

At the moment, this may be the closest thing to a sanction you may get. 
 If a better one becomes available, I'll be sure to forward it on.

Peace.

- Sam Ruby


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Re: Short Apache licence for source files

2002-12-05 Thread Pier Fumagalli
On 5/12/02 4:04 am, in article 003b01c29c13$6dd962b0$927ba8c0@ROSENGARDEN,
Lawrence E. Rosen [EMAIL PROTECTED] wrote:

 Current drafts of the 2.0 license include a solution to this
 issue, plus a whole bunch of other niceties.  Discussions of
 the new license are happening on a mailing list dedicated to
 that purpose.
 
 Where is that mailing list?

I believe it was avaliable _only_ to ASF members...

Pier


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Re: Short Apache licence for source files

2002-12-05 Thread Ceki Gülcü
At 05:52 05.12.2002 -0500, Sam Ruby wrote:

Ceki Gülcü wrote:

Would a shut-up-and-think-for-yourself be any better?  It seems to me that 
you are seeking an explicit sanction for the practice of using the current 
license by reference.

Yes, shut-up-and-think-for-yourself would be better assuming it came
with at least a hint for the reasons behind the policy. Until very
recently, I could not find any explanation for the reasons behind the
policy beyond *someone* on the board said so, now please go
away. Moreover, when we submitted this question to the board the
answer was far from clear-cut, although that may be due to a
misunderstanding on my part.


The ASF is very much centered around an open and pragmatic license.  If 
you want to weaken this a bit in the name of saving a few bytes, the ASF 
is not going to falter and fold.

I never expected the ASF to falter and fold. However, I do expect the
ASF to act reasonably which implies that it can explain/document its
decisions. Is that too much to ask for?

By the way, I am not seeking a sanction. I am trying to understand.


At the moment, this may be the closest thing to a sanction you may 
get.  If a better one becomes available, I'll be sure to forward it on.

You know where to reach me.


Peace.


Acked and mirrored.


- Sam Ruby


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RE: Short Apache licence for source files

2002-12-05 Thread James Taylor
 I thought that we were also supposed and even encouraged to think for
 ourselves. No one has suggested to defy the board. I resent the shut-
 -up-and-do-as-you-are-told attitude which does not characterize you,
 the ASF, nor anyone on the board. What is going on here?

Indeed, this attitude is more than a little upsetting. The board may not
have any legal obligation to us committers who assign our code to the
foundation, but courtesy demands some explanation for their actions and
decisions. 

Sure, the decision is the final word, but for us to be able to ask
why? is vital to maintaining the trust/comfort relationship between
the authors of the code and the owner.

-- jt




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Re: Short Apache licence for source files

2002-12-04 Thread Ceki Gülcü

Given that for works published after March 1, 1989 it is not even
necessary to place a copyright notice to benefit from copyright law
protection, I do not see why the long form is absolutely
necessary. Moreover, the next version of the Apache Software License
will specifically allow the short form. It may be slightly better to
include the whole license in certain obscure circumstances but that
does mean that the reference to the license (a.k.a. the short form) is
useless and that it should be disallowed.

Here is what Roy Fielding had to say on the subject. I am quoting
without explicit permission hoping that he will not mind. :-(

quote

   and inclusion by reference isn't suddenly becoming official with the
   2.0 licence; until we hear counsel that says its safe, we most likely
   won't permit it regardless of the size of the licence text.

  WTF?  Of course it is safe, and we've already had several lawyers
  review it, not to mention ample evidence from the MPL and GPL that
  other lawyers believe it is safe with the proper reference text.  The
  proposed 2.0 license text was specifically written to support
  inclusion by reference.

  The problem with the 1.1 license is that it lacked a way to define the
  scope of what was covered beyond this file.  As such, the board has
  not approved its use by reference for our own products.

  Even so, it is still safe (albeit confusing) to use it by reference
  provided that the file starts with a proper copyright line and
  All rights reserved.  After all, our license simply spells out the
  conditions under which we reduce our own rights -- it doesn't matter
  whether or not the user can see the full agreement because without
  the agreement they cannot legally copy the file at all.

  Roy

/quote

I do not understand what Roy means by the scope of what was covered
beyond 'this file' Copyright law only protects the expression of an
idea, so I am baffled by what is meant by the scope beyond the file,
that is the written expression of the software developer. How can
copyright law apply to anything beyond the file?

Anyway, in the last paragraph Roy makes it clear that without the
licence the software cannot be legally copied. Thus, asserting the
Apache copyright in each file and referencing the Apache Software
License should be sufficient to protect our copyright.

What am I missing? Was there ever a closure to this question?



At 08:48 04.12.2002 +0100, you wrote:

On Wed, 4 Dec 2002, Darrell DeBoer [EMAIL PROTECTED] wrote:

 I don't know where it started, but if someone can someone tell me
 definitively that this is against ASF rules, I will move to rectify
 the situation.

Roy Fielding and several other board members have repeatedly stated
that the short version is not acceptable IIRC.  License 2.0 is
supposed to help.

Stefan

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Re: Short Apache licence for source files

2002-12-04 Thread Ceki Gülcü
At 07:54 04.12.2002 +0100, Nicola Ken Barozzi wrote:

Currently we should use the full version.
There will be a short version of the next 2.0 license that will be equally 
protecting from a legal POV, but in the meantime use the full version.

Why? What is wrong with a copyright notice followed by a reference to
the license? The whole world does it. Why shouldn't we?


--
Nicola Ken Barozzi   [EMAIL PROTECTED]



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TCP implementations will follow a general principle of robustness: be
conservative in what you do, be liberal in what you accept from
others. -- Jon Postel, RFC 793



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Re: Short Apache licence for source files

2002-12-04 Thread Stefan Bodewig
On Wed, 04 Dec 2002, Ceki Gülc [EMAIL PROTECTED] wrote:

 What am I missing?

Not sure whether you are missing anything at all.  I don't understand
the US copyright law that well (I could tell you a lot about the
German law, but still IANAL).  But from you quoting Roy:

The problem with the 1.1 license is that it lacked a way to
define the scope of what was covered beyond this file.  As
such, the board has not approved its use by reference for our own
products.

I think, the last sentence is why we should stick to the full license
text until using some short form is OK with License 2.0.

Stefan

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Re: Short Apache licence for source files

2002-12-04 Thread Martin van den Bemt
On Wed, 2002-12-04 at 09:59, Ceki Gülcü wrote:
 At 07:54 04.12.2002 +0100, Nicola Ken Barozzi wrote:
 Currently we should use the full version.
 There will be a short version of the next 2.0 license that will be equally 
 protecting from a legal POV, but in the meantime use the full version.
 
 Why? What is wrong with a copyright notice followed by a reference to
 the license? The whole world does it. Why shouldn't we?

As was said : it is simply not allowed by the board.

Mvgr,
Martin



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Re: Short Apache licence for source files

2002-12-04 Thread Ceki Gülcü
At 11:06 04.12.2002 +0100, Nicola Ken Barozzi wrote:


IANAL and not the one to decide.
IIRC IIUC the board, || board members have said to use the full version 
till version 2.0 arrives.

Well, as far as I know, there is no permission to use a reference to
the license although there is no explicit prohibition either.


You are free to take my word for it, or if you deem it necessary, go ask 
directly and eventually report back.

Michael A. Smith actually went to the board a few weeks ago. I did not
see a closure. As long as an ASF official (board, PMC) does not
officially take a position on this, or until there is an official
document on this topic, one should not make absolute affirmations.


--
Nicola Ken Barozzi   [EMAIL PROTECTED]


--
Ceki

TCP implementations will follow a general principle of robustness: be
conservative in what you do, be liberal in what you accept from
others. -- Jon Postel, RFC 793



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Re: Short Apache licence for source files

2002-12-04 Thread Stefan Mainz
Ceki Gülcü wrote:



I do not understand what Roy means by the scope of what was covered
beyond 'this file' Copyright law only protects the expression of an
idea, so I am baffled by what is meant by the scope beyond the file,
that is the written expression of the software developer. How can
copyright law apply to anything beyond the file?



Propably i am not the right person to answer this (not being a lawyer), 
but:

If you refer to a file which includes the license and the license says
_this file_ the license applies to the license file, not the onw which 
referes to the file.

Stefan


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Re: Short Apache licence for source files

2002-12-04 Thread Nicola Ken Barozzi


Ceki Gülcü wrote:

At 11:06 04.12.2002 +0100, Nicola Ken Barozzi wrote:


IANAL and not the one to decide.
IIRC IIUC the board, || board members have said to use the full 
version till version 2.0 arrives.

Well, as far as I know, there is no permission to use a reference to
the license although there is no explicit prohibition either.


You mean that everything can be done if it's not prohibited explicitly?
Come on, what's this, a policed community?


You are free to take my word for it, or if you deem it necessary, go 
ask directly and eventually report back.

Michael A. Smith actually went to the board a few weeks ago. I did not
see a closure. As long as an ASF official (board, PMC) does not
officially take a position on this, or until there is an official
document on this topic, one should not make absolute affirmations.


My words: Currently we should use the full version.

To stop this once and for all, since it seems that having a short 
license is very important for some (still don't know why), I've sent a 
request for clarification to the board too.

--
Nicola Ken Barozzi   [EMAIL PROTECTED]
- verba volant, scripta manent -
   (discussions get forgotten, just code remains)
-


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Re: Short Apache licence for source files

2002-12-04 Thread Ceki Gülcü
At 12:13 04.12.2002 +0100, you wrote:



Ceki Gülcü wrote:

At 11:06 04.12.2002 +0100, Nicola Ken Barozzi wrote:


IANAL and not the one to decide.
IIRC IIUC the board, || board members have said to use the full 
version till version 2.0 arrives.
Well, as far as I know, there is no permission to use a reference to
the license although there is no explicit prohibition either.


You mean that everything can be done if it's not prohibited explicitly?
Come on, what's this, a policed community?



I was trying to convey that the word should has different meanings. It
can be interpreted as a recommendation or alternatively as an
obligation. For example,

1) One should brush one's teeth. Otherwise, you'll get bad
teeth. However, not brushing your teeth does not make you a bad
citizen.

2) One should be respectful of others. Being disrespectful or violent
makes you a bad citizen.

In 1) SHOULD is a recommendation whereas in 2) SHOULD really means MUST.

Thus, in the sentence, we should use include the license in each
file, does SHOULD mean MUST or is it just a recommendation?


You are free to take my word for it, or if you deem it necessary, go ask 
directly and eventually report back.
Michael A. Smith actually went to the board a few weeks ago. I did not
see a closure. As long as an ASF official (board, PMC) does not
officially take a position on this, or until there is an official
document on this topic, one should not make absolute affirmations.


My words: Currently we should use the full version.


Should or must? :-)


To stop this once and for all, since it seems that having a short license 
is very important for some (still don't know why), I've sent a request for 
clarification to the board too.

The license (version 1.1) is 41 lines long whereas the copyright notice 
plus the reference to the license is just 7 lines.

--
Nicola Ken Barozzi   [EMAIL PROTECTED]


--
Ceki

TCP implementations will follow a general principle of robustness: be
conservative in what you do, be liberal in what you accept from
others. -- Jon Postel, RFC 793



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Re: Short Apache licence for source files

2002-12-04 Thread Nicola Ken Barozzi


Ceki Gülcü wrote:

At 12:13 04.12.2002 +0100, you wrote:



Ceki Gülcü wrote:


At 11:06 04.12.2002 +0100, Nicola Ken Barozzi wrote:

[..]

You are free to take my word for it, or if you deem it necessary, go 
ask directly and eventually report back.

Michael A. Smith actually went to the board a few weeks ago. I did not
see a closure. As long as an ASF official (board, PMC) does not
officially take a position on this, or until there is an official
document on this topic, one should not make absolute affirmations.


My words: Currently we should use the full version.


Should or must? :-)


Let your yes be yes, no be no

Should means should.


To stop this once and for all, since it seems that having a short 
license is very important for some (still don't know why), I've sent a 
request for clarification to the board too.

The license (version 1.1) is 41 lines long whereas the copyright notice 
plus the reference to the license is just 7 lines.

I am 1.68 meters (28 years old) while my sister is 1.57 (22 years old).

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Re: Short Apache licence for source files

2002-12-04 Thread Martin Poeschl
Ceki Gülcü wrote:


I was trying to convey that the word should has different meanings. It
can be interpreted as a recommendation or alternatively as an
obligation. For example,

1) One should brush one's teeth. Otherwise, you'll get bad
teeth. However, not brushing your teeth does not make you a bad
citizen.

2) One should be respectful of others. Being disrespectful or violent
makes you a bad citizen.

In 1) SHOULD is a recommendation whereas in 2) SHOULD really means MUST.

Thus, in the sentence, we should use include the license in each
file, does SHOULD mean MUST or is it just a recommendation?


You are free to take my word for it, or if you deem it necessary, 
go ask directly and eventually report back.

Michael A. Smith actually went to the board a few weeks ago. I did not
see a closure. As long as an ASF official (board, PMC) does not
officially take a position on this, or until there is an official
document on this topic, one should not make absolute affirmations.



My words: Currently we should use the full version.



Should or must? :-) 

taken from the license:

* 1. Redistributions of source code must retain the above copyright
*notice, this list of conditions and the following disclaimer.

_must_ 

martin



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Re: Short Apache licence for source files

2002-12-04 Thread Steven Noels
Nicola Ken Barozzi wrote:


Should or must? :-)



Let your yes be yes, no be no

Should means should.


http://www.ietf.org/rfc/rfc2119.txt

/Steven
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stevenn at outerthought.orgstevenn at apache.org


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Re: Short Apache licence for source files

2002-12-04 Thread Ceki Gülcü
At 07:31 04.12.2002 -0500, Sam Ruby wrote:

Stefan Mainz wrote:

Ceki Gülcü wrote:


I do not understand what Roy means by the scope of what was covered
beyond 'this file' Copyright law only protects the expression of an
idea, so I am baffled by what is meant by the scope beyond the file,
that is the written expression of the software developer. How can
copyright law apply to anything beyond the file?

Propably i am not the right person to answer this (not being a lawyer), but:
If you refer to a file which includes the license and the license says
_this file_ the license applies to the license file, not the onw which 
referes to the file.

IANAL either.  My understanding matches Stefan's above.  If you include 
the current license by reference, the ASF appears to be well protected, 
but you may not be achieving what you want.  People who make use of the 
code you produce may some day be surprised to find that the only thing 
they actually have permission to make use of is the LICENSE FILE itself, 
subject of course to the terms contained therein.

OK, I think I understand slightly better but our license refers to
this software not to any specific file.

I think we all agree that referring to the license means that the
terms of the license apply, at least that is the intention.

There are three possible cases.

1) Bad faith interpretation

Someone decides that the license applies to the license file itself
and not to other files. If the license does not apply, then that
someone does not have the legal right to copy our software.

I think this is the case Roy was referring to in his comments -- the
comments I forwarded earlier without permission.

2) Good faith but cautious interpretation

In this case, someone is worried that the license applies to the
license file itself but not to other files. Thus, he or she decides
not use our software for fear of violating copyright law. Isn't this a
bit farfetched? Couldn't we address this concern in the license FAQ?

3) Intended interpretation

The Apache license applies even by reference as intended. No problems there.


The next license is intended to fix this.


Could we say referring to the license 1.1 is not recommended practice
but doing so does NOT make you a bad citizen?


- Sam Ruby


--
Ceki

TCP implementations will follow a general principle of robustness: be
conservative in what you do, be liberal in what you accept from
others. -- Jon Postel, RFC 793



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Re: Short Apache licence for source files

2002-12-04 Thread Sam Ruby
Ceki Gülcü wrote:


2) Good faith but cautious interpretation

In this case, someone is worried that the license applies to the
license file itself but not to other files. Thus, he or she decides
not use our software for fear of violating copyright law. Isn't this a
bit farfetched? Couldn't we address this concern in the license FAQ? 

I happen to work for a large corporation which has an annoying tendency 
to err towards the cautious side when making such interpretations.

Could we say referring to the license 1.1 is not recommended practice
but doing so does NOT make you a bad citizen?


Judgement calls like this are always relative.  It certainly is possible 
that someone caught in a situation where they are required to make a 
cautious interpretation might feel less than charitably inclined towards 
the citizens who made choices against the recommended practices of their 
community, particularly when they find such choices making their life 
more difficult.

- Sam Ruby



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RE: Short Apache licence for source files

2002-12-04 Thread Tim Vernum

From: Ceki Gülcü [mailto:[EMAIL PROTECTED]]

 OK, I think I understand slightly better but our license refers to
 this software not to any specific file.

IANAL, IAN-Roy, IAN-ASF, but...

The license does not give any indication of what this software is.
i.e. It doesn't define the scope of the piece of work to which it applies.

Thus when Roy said:
'The problem with the 1.1 license is that it lacked a way to define the
   scope of what was covered beyond this file.'

It means just that - the 1.1 license doesn't define what it applies to.
It refers vaguely to THIS SOFTWARE, but that's all.

The concern is that if it is not directly included within the source files
then the scope of THIS SOFTWARE is unclear.
Does it include all the source?
What about the included jars?
What if those jars are not under the ASF license?

This not the case in the GPL (http://www.gnu.org/licenses/gpl.txt) because
Term 0 of the GPL defines (ot attempts to define) the scope of the work.

My understanding is that License 2.0 will include a similar item (but I'm
basing that on guesswork).

While it should be clear to normal people what this software means,
lawyers have a nasty habit of not seeing the obvious :)


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RE: Short Apache licence for source files

2002-12-04 Thread Craig R. McClanahan


On Thu, 5 Dec 2002, Tim Vernum wrote:

 Date: Thu, 5 Dec 2002 10:12:37 +1100
 From: Tim Vernum [EMAIL PROTECTED]
 Reply-To: Jakarta General List [EMAIL PROTECTED]
 To: 'Jakarta General List' [EMAIL PROTECTED]
 Subject: RE: Short Apache licence for source files


 From: Ceki Gülcü [mailto:[EMAIL PROTECTED]]

  OK, I think I understand slightly better but our license refers to
  this software not to any specific file.

 IANAL, IAN-Roy, IAN-ASF, but...

 The license does not give any indication of what this software is.
 i.e. It doesn't define the scope of the piece of work to which it applies.

 Thus when Roy said:
 'The problem with the 1.1 license is that it lacked a way to define the
scope of what was covered beyond this file.'

 It means just that - the 1.1 license doesn't define what it applies to.
 It refers vaguely to THIS SOFTWARE, but that's all.

 The concern is that if it is not directly included within the source files
 then the scope of THIS SOFTWARE is unclear.
 Does it include all the source?
 What about the included jars?
 What if those jars are not under the ASF license?

 This not the case in the GPL (http://www.gnu.org/licenses/gpl.txt) because
 Term 0 of the GPL defines (ot attempts to define) the scope of the work.

 My understanding is that License 2.0 will include a similar item (but I'm
 basing that on guesswork).


Current drafts of the 2.0 license include a solution to this issue, plus a
whole bunch of other niceties.  Discussions of the new license are
happening on a mailing list dedicated to that purpose.

In the mean time, I believe all Apache projects should treat the Board
member comments quoted above and elsewhere in this thread (and taken out
of much larger discussions) as authoritative direction to ASF committers
that we should use the long form of the ASF 1.1 license in every source
file checked in to Apache CV repositories.

It doesn't matter whether it's legally required (to get around the this
software interpretation) or not.  It matters that the ASF Board
(representing the foudnation, which is the owner of all this code) told us
to do it that way.  That's all the reason any of us should need.

 While it should be clear to normal people what this software means,
 lawyers have a nasty habit of not seeing the obvious :)


Craig McClanahan


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Re: Short Apache licence for source files

2002-12-04 Thread Jon Scott Stevens
on 2002/12/4 11:30 AM, Martin Cooper [EMAIL PROTECTED] wrote:

 All this fuss is about 34 lines of text? I don't get it. Why not just use
 the full license and forget about whether or not the short form is OK?
 
 --
 Martin Cooper

+1

-jon

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RE: Short Apache licence for source files

2002-12-04 Thread Lawrence E. Rosen
 Current drafts of the 2.0 license include a solution to this 
 issue, plus a whole bunch of other niceties.  Discussions of 
 the new license are happening on a mailing list dedicated to 
 that purpose.

Where is that mailing list?



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Re: Short Apache licence for source files

2002-12-03 Thread Jeffrey Dever
Interesting.  All the HttpClient files have the full form.  It would be 
nice to simply refrence the actual license file, if this is acceptable.

Darrell DeBoer wrote:

G'day,

I know this has been discussed before, but has any progress been made on a 
short version of the Apache licence for source files? Most source files in 
James use the following:
/*
* Copyright (C) The Apache Software Foundation. All rights reserved.
*
* This software is published under the terms of the Apache Software License
* version 1.1, a copy of which has been included with this distribution in
* the LICENSE file.
*/

I don't know where it started, but if someone can someone tell me definitively 
that this is against ASF rules, I will move to rectify the situation.

 



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Re: Short Apache licence for source files

2002-12-03 Thread Nicola Ken Barozzi


Darrell DeBoer wrote:

G'day,

I know this has been discussed before, but has any progress been made on a 
short version of the Apache licence for source files? Most source files in 
James use the following:
/*
 * Copyright (C) The Apache Software Foundation. All rights reserved.
 *
 * This software is published under the terms of the Apache Software License
 * version 1.1, a copy of which has been included with this distribution in
 * the LICENSE file.
 */

I don't know where it started, but if someone can someone tell me definitively 
that this is against ASF rules, I will move to rectify the situation.

Currently we should use the full version.
There will be a short version of the next 2.0 license that will be 
equally protecting from a legal POV, but in the meantime use the full 
version.

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Nicola Ken Barozzi   [EMAIL PROTECTED]
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   (discussions get forgotten, just code remains)
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Re: Short Apache licence for source files

2002-12-03 Thread Stefan Bodewig
On Wed, 4 Dec 2002, Darrell DeBoer [EMAIL PROTECTED] wrote:

 I don't know where it started, but if someone can someone tell me
 definitively that this is against ASF rules, I will move to rectify
 the situation.

Roy Fielding and several other board members have repeatedly stated
that the short version is not acceptable IIRC.  License 2.0 is
supposed to help.

Stefan

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