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Posted to legal-discuss@apache.org by gremmachook gremmachook <gr...@gmail.com> on 2012/06/10 08:56:47 UTC

Using Apache licensed code in a New BSD project

Hi,
      The Apache license v2.0 and the New BSD (3-clause) license are both
permissive in nature. I'm trying to understand if I can include code that
is licensed under the Apache license v2.0, in a project that is licensed
under the New BSD (3-clause) license? Would I be violating the Apache
license by doing so?

-- Alfred

Re: Using Apache licensed code in a New BSD project

Posted by Craig L Russell <cr...@oracle.com>.
Hi gremmachook,

On Jun 11, 2012, at 5:28 AM, gremmachook gremmachook wrote:

> Actually, I'd like to distribute the project under the terms of the  
> New BSD license only. I'm not entirely sure if that makes sense.

No, it does not, given your intent to distribute software that is  
already licensed under a different license.

If you write *all* of the code yourself or get *all* authors of the  
code you include to agree to license terms, then yes, you can  
distribute the project under the terms of any license that you and the  
authors agree to.

But since licenses are a significant legal issue, most authors want to  
deal with it once. And having made the licensing decision, they want  
their decisions to be respected by others who want to distribute their  
work.

Users of open source software are used to the idea of multiple  
licenses in the distributions. Take a look at Apache projects, and in  
particular the LICENSE and NOTICE files at the top of the  
distributions. Model this behavior in your own packages and you should  
be fine.

Craig

> On Mon, Jun 11, 2012 at 4:36 PM, Sam Ruby <ru...@intertwingly.net>  
> wrote:
> On Mon, Jun 11, 2012 at 6:43 AM, gremmachook gremmachook
> <gr...@gmail.com> wrote:
> > Hi Sam,
> >               Just to be clear, I'm not modifying the Apache v2.0  
> licensed
> > code in anyway (not removing the headers either), just including  
> it in the
> > source of s New BSD distributed project to provide functionality.
>
> What that likely means is that portions of the project that you are
> distributing will be licensend under the Apache License version 2.0.
> It is entirely possible that those that use this project will not have
> a problem with that (which may be what Greg was getting at).
>
> But as long as you follow the terms specified in the license, you  
> will be fine.
>
> - Sam Ruby
>
> > On Mon, Jun 11, 2012 at 5:42 AM, Sam Ruby <ru...@intertwingly.net>  
> wrote:
> >>
> >> On Sun, Jun 10, 2012 at 4:05 PM, Greg Stein <gs...@gmail.com>  
> wrote:
> >> > It's totally fine.
> >>
> >> If I am reading the original question correctly, I don't believe  
> that
> >> answer is correct.
> >>
> >> Unless you make other arrangements with the copyright holder, the
> >> conditions in Sections 4 in particular of the Apache License  
> Version
> >> 2.0 must be met for any redistribution.
> >>
> >> In other words, you can't simply remove any copyright, patent,
> >> trademark, or attribution notices and replace them with a New BSD
> >> (3-clause license).
> >>
> >> - Sam Ruby
> >>
> >> > On Jun 10, 2012 2:57 AM, "gremmachook gremmachook"
> >> > <gr...@gmail.com>
> >> > wrote:
> >> >>
> >> >> Hi,
> >> >>       The Apache license v2.0 and the New BSD (3-clause)  
> license are
> >> >> both
> >> >> permissive in nature. I'm trying to understand if I can  
> include code
> >> >> that is
> >> >> licensed under the Apache license v2.0, in a project that is  
> licensed
> >> >> under
> >> >> the New BSD (3-clause) license? Would I be violating the  
> Apache license
> >> >> by
> >> >> doing so?
> >> >>
> >> >> -- Alfred
> >>
> >>  
> ---------------------------------------------------------------------
> >> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> >> For additional commands, e-mail: legal-discuss-help@apache.org
> >>
> >
>
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
>
>

Craig L Russell
Architect, Oracle
http://db.apache.org/jdo
408 276-5638 mailto:Craig.Russell@oracle.com
P.S. A good JDO? O, Gasp!


Re: Using Apache licensed code in a New BSD project

Posted by gremmachook gremmachook <gr...@gmail.com>.
Actually, I'd like to distribute the project under the terms of the New BSD
license only. I'm not entirely sure if that makes sense.

On Mon, Jun 11, 2012 at 4:36 PM, Sam Ruby <ru...@intertwingly.net> wrote:

> On Mon, Jun 11, 2012 at 6:43 AM, gremmachook gremmachook
> <gr...@gmail.com> wrote:
> > Hi Sam,
> >               Just to be clear, I'm not modifying the Apache v2.0
> licensed
> > code in anyway (not removing the headers either), just including it in
> the
> > source of s New BSD distributed project to provide functionality.
>
> What that likely means is that portions of the project that you are
> distributing will be licensend under the Apache License version 2.0.
> It is entirely possible that those that use this project will not have
> a problem with that (which may be what Greg was getting at).
>
> But as long as you follow the terms specified in the license, you will be
> fine.
>
> - Sam Ruby
>
> > On Mon, Jun 11, 2012 at 5:42 AM, Sam Ruby <ru...@intertwingly.net>
> wrote:
> >>
> >> On Sun, Jun 10, 2012 at 4:05 PM, Greg Stein <gs...@gmail.com> wrote:
> >> > It's totally fine.
> >>
> >> If I am reading the original question correctly, I don't believe that
> >> answer is correct.
> >>
> >> Unless you make other arrangements with the copyright holder, the
> >> conditions in Sections 4 in particular of the Apache License Version
> >> 2.0 must be met for any redistribution.
> >>
> >> In other words, you can't simply remove any copyright, patent,
> >> trademark, or attribution notices and replace them with a New BSD
> >> (3-clause license).
> >>
> >> - Sam Ruby
> >>
> >> > On Jun 10, 2012 2:57 AM, "gremmachook gremmachook"
> >> > <gr...@gmail.com>
> >> > wrote:
> >> >>
> >> >> Hi,
> >> >>       The Apache license v2.0 and the New BSD (3-clause) license are
> >> >> both
> >> >> permissive in nature. I'm trying to understand if I can include code
> >> >> that is
> >> >> licensed under the Apache license v2.0, in a project that is licensed
> >> >> under
> >> >> the New BSD (3-clause) license? Would I be violating the Apache
> license
> >> >> by
> >> >> doing so?
> >> >>
> >> >> -- Alfred
> >>
> >> ---------------------------------------------------------------------
> >> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> >> For additional commands, e-mail: legal-discuss-help@apache.org
> >>
> >
>
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
>
>

Re: Using Apache licensed code in a New BSD project

Posted by Sam Ruby <ru...@intertwingly.net>.
On Mon, Jun 11, 2012 at 6:43 AM, gremmachook gremmachook
<gr...@gmail.com> wrote:
> Hi Sam,
>               Just to be clear, I'm not modifying the Apache v2.0 licensed
> code in anyway (not removing the headers either), just including it in the
> source of s New BSD distributed project to provide functionality.

What that likely means is that portions of the project that you are
distributing will be licensend under the Apache License version 2.0.
It is entirely possible that those that use this project will not have
a problem with that (which may be what Greg was getting at).

But as long as you follow the terms specified in the license, you will be fine.

- Sam Ruby

> On Mon, Jun 11, 2012 at 5:42 AM, Sam Ruby <ru...@intertwingly.net> wrote:
>>
>> On Sun, Jun 10, 2012 at 4:05 PM, Greg Stein <gs...@gmail.com> wrote:
>> > It's totally fine.
>>
>> If I am reading the original question correctly, I don't believe that
>> answer is correct.
>>
>> Unless you make other arrangements with the copyright holder, the
>> conditions in Sections 4 in particular of the Apache License Version
>> 2.0 must be met for any redistribution.
>>
>> In other words, you can't simply remove any copyright, patent,
>> trademark, or attribution notices and replace them with a New BSD
>> (3-clause license).
>>
>> - Sam Ruby
>>
>> > On Jun 10, 2012 2:57 AM, "gremmachook gremmachook"
>> > <gr...@gmail.com>
>> > wrote:
>> >>
>> >> Hi,
>> >>       The Apache license v2.0 and the New BSD (3-clause) license are
>> >> both
>> >> permissive in nature. I'm trying to understand if I can include code
>> >> that is
>> >> licensed under the Apache license v2.0, in a project that is licensed
>> >> under
>> >> the New BSD (3-clause) license? Would I be violating the Apache license
>> >> by
>> >> doing so?
>> >>
>> >> -- Alfred
>>
>> ---------------------------------------------------------------------
>> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
>> For additional commands, e-mail: legal-discuss-help@apache.org
>>
>

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Re: Using Apache licensed code in a New BSD project

Posted by gremmachook gremmachook <gr...@gmail.com>.
Hi Sam,
              Just to be clear, I'm not modifying the Apache v2.0 licensed
code in anyway (not removing the headers either), just including it in the
source of s New BSD distributed project to provide functionality.

On Mon, Jun 11, 2012 at 5:42 AM, Sam Ruby <ru...@intertwingly.net> wrote:

> On Sun, Jun 10, 2012 at 4:05 PM, Greg Stein <gs...@gmail.com> wrote:
> > It's totally fine.
>
> If I am reading the original question correctly, I don't believe that
> answer is correct.
>
> Unless you make other arrangements with the copyright holder, the
> conditions in Sections 4 in particular of the Apache License Version
> 2.0 must be met for any redistribution.
>
> In other words, you can't simply remove any copyright, patent,
> trademark, or attribution notices and replace them with a New BSD
> (3-clause license).
>
> - Sam Ruby
>
> > On Jun 10, 2012 2:57 AM, "gremmachook gremmachook" <
> gremmachook@gmail.com>
> > wrote:
> >>
> >> Hi,
> >>       The Apache license v2.0 and the New BSD (3-clause) license are
> both
> >> permissive in nature. I'm trying to understand if I can include code
> that is
> >> licensed under the Apache license v2.0, in a project that is licensed
> under
> >> the New BSD (3-clause) license? Would I be violating the Apache license
> by
> >> doing so?
> >>
> >> -- Alfred
>
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
>
>

Re: Using Apache licensed code in a New BSD project

Posted by Sam Ruby <ru...@intertwingly.net>.
On Sun, Jun 10, 2012 at 4:05 PM, Greg Stein <gs...@gmail.com> wrote:
> It's totally fine.

If I am reading the original question correctly, I don't believe that
answer is correct.

Unless you make other arrangements with the copyright holder, the
conditions in Sections 4 in particular of the Apache License Version
2.0 must be met for any redistribution.

In other words, you can't simply remove any copyright, patent,
trademark, or attribution notices and replace them with a New BSD
(3-clause license).

- Sam Ruby

> On Jun 10, 2012 2:57 AM, "gremmachook gremmachook" <gr...@gmail.com>
> wrote:
>>
>> Hi,
>>       The Apache license v2.0 and the New BSD (3-clause) license are both
>> permissive in nature. I'm trying to understand if I can include code that is
>> licensed under the Apache license v2.0, in a project that is licensed under
>> the New BSD (3-clause) license? Would I be violating the Apache license by
>> doing so?
>>
>> -- Alfred

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Re: Using Apache licensed code in a New BSD project

Posted by gremmachook gremmachook <gr...@gmail.com>.
Hi Greg,
             Sounds good! Thanks!

On Mon, Jun 11, 2012 at 1:35 AM, Greg Stein <gs...@gmail.com> wrote:

> It's totally fine.
> On Jun 10, 2012 2:57 AM, "gremmachook gremmachook" <gr...@gmail.com>
> wrote:
>
>> Hi,
>>       The Apache license v2.0 and the New BSD (3-clause) license are both
>> permissive in nature. I'm trying to understand if I can include code that
>> is licensed under the Apache license v2.0, in a project that is licensed
>> under the New BSD (3-clause) license? Would I be violating the Apache
>> license by doing so?
>>
>> -- Alfred
>>
>

Re: Using Apache licensed code in a New BSD project

Posted by Greg Stein <gs...@gmail.com>.
It's totally fine.
On Jun 10, 2012 2:57 AM, "gremmachook gremmachook" <gr...@gmail.com>
wrote:

> Hi,
>       The Apache license v2.0 and the New BSD (3-clause) license are both
> permissive in nature. I'm trying to understand if I can include code that
> is licensed under the Apache license v2.0, in a project that is licensed
> under the New BSD (3-clause) license? Would I be violating the Apache
> license by doing so?
>
> -- Alfred
>

Re: Using Apache licensed code in a New BSD project

Posted by gremmachook gremmachook <gr...@gmail.com>.
Hi Daniel,
                Unfortunately that won't be possible, although it'd solve
the problem.

On Sun, Jun 10, 2012 at 10:19 PM, Daniel Shahaf <d....@daniel.shahaf.name>wrote:

> Without answering your question, it's possible that the entity that
> licenses code under ALv2 would be willing to relicense or dual-license
> it under a 3-clause BSD license.
>
> gremmachook gremmachook wrote on Sun, Jun 10, 2012 at 21:17:14 +0530:
> > Hi Craig,
> >               The Apache v2.0 license seems to pose more conditions that
> > the New BSD license, which is why I wonder if there a scenario where the
> > two conflict.
> >
> > On Sun, Jun 10, 2012 at 6:11 PM, Craig L Russell
> > <cr...@oracle.com>wrote:
> >
> > > Hi Alfred,
> > >
> > > On Jun 9, 2012, at 11:56 PM, gremmachook gremmachook wrote:
> > >
> > > Hi,
> > >       The Apache license v2.0 and the New BSD (3-clause) license are
> both
> > > permissive in nature. I'm trying to understand if I can include code
> that
> > > is licensed under the Apache license v2.0, in a project that is
> licensed
> > > under the New BSD (3-clause) license? Would I be violating the Apache
> > > license by doing so?
> > >
> > >
> > > NB: IANAL
> > >
> > > Generally, code licensed under the ALv2.0 can be included in other
> works
> > > as long as the terms of the ALv2.0 license are followed. Sources under
> > > ALv2.0 and the compiled code can both be redistributed under these
> terms.
> > >
> > > You are also free to modify the sources of code licensed under the
> ALv2.0
> > > as long as you make it clear that you have modified the code.
> > >
> > > Regards,
> > >
> > > Craig
> > >
> > >
> > > -- Alfred
> > >
> > >
> > > Craig L Russell
> > >
> > > Architect, Oracle
> > >
> > > http://db.apache.org/jdo
> > >
> > > 408 276-5638 mailto:Craig.Russell@oracle.com <Craig.Russell@oracle.com
> >
> > >
> > > P.S. A good JDO? O, Gasp!
> > >
> > >
>

Re: Using Apache licensed code in a New BSD project

Posted by Daniel Shahaf <d....@daniel.shahaf.name>.
Without answering your question, it's possible that the entity that
licenses code under ALv2 would be willing to relicense or dual-license
it under a 3-clause BSD license.

gremmachook gremmachook wrote on Sun, Jun 10, 2012 at 21:17:14 +0530:
> Hi Craig,
>               The Apache v2.0 license seems to pose more conditions that
> the New BSD license, which is why I wonder if there a scenario where the
> two conflict.
> 
> On Sun, Jun 10, 2012 at 6:11 PM, Craig L Russell
> <cr...@oracle.com>wrote:
> 
> > Hi Alfred,
> >
> > On Jun 9, 2012, at 11:56 PM, gremmachook gremmachook wrote:
> >
> > Hi,
> >       The Apache license v2.0 and the New BSD (3-clause) license are both
> > permissive in nature. I'm trying to understand if I can include code that
> > is licensed under the Apache license v2.0, in a project that is licensed
> > under the New BSD (3-clause) license? Would I be violating the Apache
> > license by doing so?
> >
> >
> > NB: IANAL
> >
> > Generally, code licensed under the ALv2.0 can be included in other works
> > as long as the terms of the ALv2.0 license are followed. Sources under
> > ALv2.0 and the compiled code can both be redistributed under these terms.
> >
> > You are also free to modify the sources of code licensed under the ALv2.0
> > as long as you make it clear that you have modified the code.
> >
> > Regards,
> >
> > Craig
> >
> >
> > -- Alfred
> >
> >
> > Craig L Russell
> >
> > Architect, Oracle
> >
> > http://db.apache.org/jdo
> >
> > 408 276-5638 mailto:Craig.Russell@oracle.com <Cr...@oracle.com>
> >
> > P.S. A good JDO? O, Gasp!
> >
> >

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Re: Using Apache licensed code in a New BSD project

Posted by gremmachook gremmachook <gr...@gmail.com>.
Hi Craig,
              The Apache v2.0 license seems to pose more conditions that
the New BSD license, which is why I wonder if there a scenario where the
two conflict.

On Sun, Jun 10, 2012 at 6:11 PM, Craig L Russell
<cr...@oracle.com>wrote:

> Hi Alfred,
>
> On Jun 9, 2012, at 11:56 PM, gremmachook gremmachook wrote:
>
> Hi,
>       The Apache license v2.0 and the New BSD (3-clause) license are both
> permissive in nature. I'm trying to understand if I can include code that
> is licensed under the Apache license v2.0, in a project that is licensed
> under the New BSD (3-clause) license? Would I be violating the Apache
> license by doing so?
>
>
> NB: IANAL
>
> Generally, code licensed under the ALv2.0 can be included in other works
> as long as the terms of the ALv2.0 license are followed. Sources under
> ALv2.0 and the compiled code can both be redistributed under these terms.
>
> You are also free to modify the sources of code licensed under the ALv2.0
> as long as you make it clear that you have modified the code.
>
> Regards,
>
> Craig
>
>
> -- Alfred
>
>
> Craig L Russell
>
> Architect, Oracle
>
> http://db.apache.org/jdo
>
> 408 276-5638 mailto:Craig.Russell@oracle.com <Cr...@oracle.com>
>
> P.S. A good JDO? O, Gasp!
>
>

Re: Using Apache licensed code in a New BSD project

Posted by Craig L Russell <cr...@oracle.com>.
Hi Alfred,

On Jun 9, 2012, at 11:56 PM, gremmachook gremmachook wrote:

> Hi,
>       The Apache license v2.0 and the New BSD (3-clause) license are  
> both permissive in nature. I'm trying to understand if I can include  
> code that is licensed under the Apache license v2.0, in a project  
> that is licensed under the New BSD (3-clause) license? Would I be  
> violating the Apache license by doing so?

NB: IANAL

Generally, code licensed under the ALv2.0 can be included in other  
works as long as the terms of the ALv2.0 license are followed. Sources  
under ALv2.0 and the compiled code can both be redistributed under  
these terms.

You are also free to modify the sources of code licensed under the  
ALv2.0 as long as you make it clear that you have modified the code.

Regards,

Craig
>
> -- Alfred

Craig L Russell
Architect, Oracle
http://db.apache.org/jdo
408 276-5638 mailto:Craig.Russell@oracle.com
P.S. A good JDO? O, Gasp!