Re: [Fwd: Re: License]

[Ben Laurie <be...@algroup.co.uk>]

Mahmood, Anwar wrote:
> Dear Mr Fielding,
> Please find attached revised patent with commercial exploitation
> restrictions removed (in conformity to version 2.0 license) and
> assurance given on title/right to grant license. The only material
> requirement now is that you license on your 2.0 license terms or
> reasonably equivalent which hopefully is not contentious as Apache say
> it is already licensed on 2.0 license terms.

Although that sounds like a reasonable request, I doubt its one we can
accept. One of the reasons we introduced CLAs was so that we could, if
we felt it necessary, modify the licence we use. I think you're going to
have to trust that the ASF's charter is such that what you want is going
to happen anyway, without trying to nail it down in the CLA.


> 
> Regards
> 
>   
> 
> -----Original Message-----
> From: Roy T. Fielding [mailto:fielding@gbiv.com] 
> Sent: 22 December 2006 22:15
> To: Mahmood, Anwar
> Cc: akarasulu@apache.org; legal-discuss@apache.org; Kunchur, Nitin
> Subject: Re: [Fwd: Re: License]
> 
> Dear Mr. Mahmood,
> 
> Just to be clear, the purpose of the Apache Software Foundation is to
> support the collaborative development of open source software for
> distribution to the public at no charge under the terms of the Apache
> License.  Collaboration may be for many reasons, and include both
> individuals and companies.  Everyone who contributes to the ASF is doing
> so under this license in one of three forms:
> this software grant, the contributors license agreement, or under the
> terms of the Apache License.  Everyone who receives software from the
> ASF does so at no charge to them under the open source Apache License.
> All of the redistribution rights under both copyright and patent law
> must be licensed to the ASF because that is what we sublicense to the
> public.
> 
> On Dec 22, 2006, at 5:48 AM, Mahmood, Anwar wrote:
> 
>> 1) Yes we are looking to grant Apache a license to use the Software. 
>> We acknowledge we do not need a license back of the Software itself 
>> however we do seek a license of any changes Apache makes or open 
>> source contributors make, I have amended the draft accordingly. I see 
>> no inconsistency with copyright law which grants rights of copyright 
>> ownership to the creator of a work. Development is creation if you 
>> want to say creator we can do so.
> 
> The *only* way that we can redistribute software under our license is if
> we have the legal right to do so by virtue of a license from the
> copyright owners.  Note that the "developer" or "creator" of a given
> piece of software may or may not be the copyright owner, depending on
> the jurisdiction and whether or not it was a work for hire.  That is why
> we use the term as we do, and why we need a license from the copyright
> owner and not just the developer.
> 
>> 2) On this issue we disagree with you. Let us be clear we are only 
>> making the software available with the express condition it is kept 
>> open source there is no negotiation on this. You will have no 
>> commercial exploitation rights so your requirement is a non starter.
> 
> Then we have no interest in your software.  Thank you for being clear.
> 
>> 3) There will be limitations I don't agree with your view at all.
>>
>> You seem to have overlooked that we are offering this Software without
> 
>> charge for the benefit of the whole open source community the license 
>> must and will be compatible with these objectives. It is suggested 
>> that you rethink your non conciliatory stance on this as the proposal 
>> as it is for mutual and charitable benefit.
> 
> If you would like to place commercial limitations on your software, you
> can do so by distributing under a license with terms that you wish.
> There are a number of non-open source licenses that will accomplish what
> you seek (not allow commercial exploitation).  There are also a number
> of open source licenses (such as the CDDL and GPL) that do not restrict
> commercial use but do require that all modifications to be distributed
> under the same license.
> 
> The Apache Software Foundation only distributes software under terms
> that are compatible with the Apache License.  Your terms are not even
> compatible with open source, so there is nothing further to discuss.
> 
> Cheers,
> 
> Roy T. Fielding                            <http://roy.gbiv.com/>
> Chief Scientist, Day Software              <http://www.day.com/>
> 
> 
> 
> This e-mail and any attachment is for authorised use by the intended recipient(s) only. It may contain proprietary material, confidential information and/or be subject to legal privilege. It should not be copied, disclosed to, retained or used by, any other party. If you are not an intended recipient then please promptly delete this e-mail and any attachment and all copies and inform the sender. Thank you.
> 
> 
> ------------------------------------------------------------------------
> 
> ---------------------------------------------------------------------
> DISCLAIMER: Discussions on this list are informational and educational
> only.  Statements made on this list are not privileged, do not
> constitute legal advice, and do not necessarily reflect the opinions
> and policies of the ASF.  See <http://www.apache.org/licenses/> for
> official ASF policies and documents.
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org


-- 
http://www.apache-ssl.org/ben.html           http://www.links.org/

"There is no limit to what a man can do or how far he can go if he
doesn't mind who gets the credit." - Robert Woodruff

---------------------------------------------------------------------
DISCLAIMER: Discussions on this list are informational and educational
only.  Statements made on this list are not privileged, do not
constitute legal advice, and do not necessarily reflect the opinions
and policies of the ASF.  See <http://www.apache.org/licenses/> for
official ASF policies and documents.
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org