Re: FW: SAIC-Apache License for JETSTREAM

[Shane Curcuru <sh...@yahoo.com>]

Officially not ACK'd.  PMC comments?
----
Unfortunately, for a legal answer you probably need to talk to a
lawyer.  8-)  
For the ASF viewpoint, I think the appropriate body to talk to is the
PMC (Project Management Committee) for the xml.apache.org group.  While
the Xalan committers have effective control of the technical content of
their product, it's the ASF corporation itself (it's members and the
board, and the board-authorized PMC's) that have legal authority over
the license etc.

>From my personal opinion as a non-lawyer, here's what I might suggest:
-- Leave the ASF license as-is in your source tree (as LICENSE.txt or
XALAN-LICENSE.txt).  If you want, include a XALAN-README.txt next to it
that specifies that license applies to just the xalan.jar etc. in your
product.
-- Create your own SAIC license as you see fit.  Basing it on the ASF
license gets you brownie points from me, anyway.  8-)
-- Ship away!

There are plenty of products that ship with multiple licenses, and this
way is much easier to manage than trying to create a combined license
(which is probably legally dangerous, since the ASF license tells you
you must reproduce it in your redistribution; you've gone and changed
it). 
So does that make any sense?

- Shane

(Sorry for forwarding everything but I wanted to send to pmc@)
---- you "Boos, Paul" <pa...@saic.com> wrote ----
I had thought I had sent this question a few weeks back, but I am not
sure
it made it, so I am resending...  Any help in getting an answer would
be
greatly appreciated...

>  -----Original Message-----
> From: Boos, Paul 
> Sent:Wednesday, October 09, 2002 8:00 AM
> To:'xalan-dev@xml.apache.org'
> Subject:FW: SAIC-Apache License for JETSTREAM
>
> Scott Boag replied saying that it might be best to post this question
to
> the mailing list - so here goes.  Any assistance in finding out if
this
> license format would be OK with the ASF and Xalan team would be most
> helpful.  Or let me know what would be the best way to ensure proper
> licensing is done and keep everything still within the spirit of the
ASF
> scheme I would appreciate it.
>
> Thanks!
> Paul
>
>
>  -----Original Message-----
> From: Boos, Paul 
> Sent:Tuesday, October 08, 2002 5:43 PM
> To:'scott_boag@us.ibm.com'
> Cc:Parker, Steve
> Subject:SAIC-Apache License for JETSTREAM
>
> Scott,
>
> I am the project lead for the JETSTREAM project
> (http://sourceforge.net/projects/jetstream/) which Steve Parker has
been
> communicating with you and one of your team members with on various
> technical details.  This project as you probably know utilizes Apache
> Xalan as its backbone.
>
> We are in the process of implementing version 1.0.  With this
release, I
> want us to formally publish a license.  Since we are working with
Apache
> products, I chose to work with an Apache style license on
SourceForge.
> However, I know my management is going to want to at least see some
SAIC
> credit/mention for the code we have developed. 
>
> Below is a proposed license; what I did was merge our licenses
(following
> the ASF format).  I am interested if this keeps enough in spirit with
the
> ASF that this format is acceptable or do I indeed need to produce two
> license files to cover the combined product suite.  Hopefully this
would
> be clear enough that it is understood there is code from both
> organizations within the files.  If this is unacceptable and knowing
that
> IBM has utilized many of the Apache products within their software,
could
> you point me to an example of how to do this appropriately, yet keep
the
> full suite of software to include what we are contributing as open
source
> in the spirit of the ASF.  I look forward to hearing from you or one
of
> your teammates.  Thanks for your time.
>
> Paul Boos
> paul.m.boos@saic.com
>
> ------------Proposed License Below----------------
>
/* ====================================================================
 * Science Applications International Corporation (SAIC) Version 1.0
 * Based on and incorporating The Apache Software License, Version 1.1
 *
 * Copyright (c) 2002 SAIC.  All rights reserved.
 * Copyright (c) 2000 The Apache Software Foundation.  All rights
 * reserved.
 *
 *
 * Redistribution and use in source and binary forms, with or without
 * modification, are permitted provided that the following conditions
 * are met:
 *
 * 1. Redistributions of source code must retain the above copyright
 *    notices, this list of conditions and the following disclaimer.
 *
 * 2. Redistributions in binary form must reproduce the above copyright
 *    notices, this list of conditions and the following disclaimer in
 *    the documentation and/or other materials provided with the
 *    distribution.
 *
 * 3. The end-user documentation included with the redistribution,
 *    if any, must include the following acknowledgments:
 *       "This product includes software developed by
 *        Science Applications International Corporation (SAIC)
 *        (http://www.saic.com)."
 *      -AND-
 *       "This product includes software developed by the
 *        Apache Software Foundation (http://www.apache.org/)."
 *    Alternately, this acknowledgment may appear in the software
itself,
 *    if and wherever such third-party acknowledgments normally appear.
 *
 * 4. The names "Science Applications International Corporation",
 *    "SAIC", "Apache", and "Apache Software Foundation" must
 *    not be used to endorse or promote products derived from this
 *    software without prior written permission. For written
 *    permission, please contact paul.m.boos@saic.com and
 *    apache@apache.org.
 *
 * 5. Products derived from this software may not be called "Jetstream"
 *    "Apache", nor may "Apache" appear in their name, without prior
 *    written permission of SAIC for JETSTREAM and/or the Apache \
 *    Software Foundation (for Apache software).
 *
 * THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
 * WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
 * OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
 * DISCLAIMED.  IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR
 * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
 * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
 * LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
 * USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
 * ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
 * OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
 * OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
 * SUCH DAMAGE.
 * ====================================================================
 *
 * This software consists of voluntary contributions made by many
 * individuals on behalf of the Apache Software Foundation and the
 * JETSTREAM Project.  For more information on the Apache Software
 * Foundation, please see <http://www.apache.org/>.
 *
 * Portions of this software are based upon public domain software
 * originally written at the National Center for Supercomputing
Applications,
 * University of Illinois, Urbana-Champaign.
 */
> 

=====
- Shane

<eof .sig="'When I use a word,' Humpty Dumpty said, 
in a very scornful tone, 'it means just what I 
choose it to mean - neither more nor less'"
"Oohayu oyod?!"=gis. />

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