Re: Derby code copyright question

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all right, since roy has thrown yet another spanner in the works,
Don't Anybody Do Anything.

Roy T. Fielding wrote:
> 
>> 1. the NOTICE file (or NOTICE.txt) gets created if it doesn't
>>    already exist, and this gets added to it:
>>
>>     Portions of Apache Derby are © Copyright 2004 International
>>     Business Machines Corporation.  All rights reserved.
> 
> -1  The NOTICE file cannot contain restrictions on the license.
>      "All rights reserved" is a restriction -- it is contradicting
>      the irrevocable copyright license.

i asked jennifer about that before posting this, and she disagrees with
you.  i'll let her explain it.

>> et vóilà!  that item can then get checked off the incubation goal list
>> and we can focus on *real* code issues. :-)
> 
> No, it does not.  It means the code in the individual files is not
> licensed under the AL2.  It means that if someone wants to take an
> individual function out of an individual file and add it to their
> wizz-bang programmable dog, they have to ask permission from IBM.
> 
> In short, their is no F*ing way this is going into code at the ASF.
> 
> The copyright notice in the file has to say THIS FILE MAY BE COPIED
> under the terms of the Apache License.  It cannot just say "Apache
> Derby" may be copied, since that name is not bound to any specific
> expression, and copyright notices that are not bound to an expression
> are null and void.

okey, it's clear that this has to be resolved by lawyers, and specifically
to a resolution acceptable to the asf counsel, since the advice we're
getting from ibm's lawyers isn't universally satisfactory.

so, everybody on the derby code team: forget the frickin' copyright issue
and just work on the code while we get the legal bunfight settled.
- --
#ken    P-)}

Ken Coar, Sanagendamgagwedweinini  http://Ken.Coar.Org/
Author, developer, opinionist      http://Apache-Server.Com/

"Millennium hand and shrimp!"
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