[jira] [Commented] (LEGAL-301) Attribution for Apache 2.0

["Adam (JIRA)" <ji...@apache.org>]

    [ https://issues.apache.org/jira/browse/LEGAL-301?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16015168#comment-16015168 ] 

Adam commented on LEGAL-301:
----------------------------

I've been looking at switching to the Apache 2.0 license as a developer, and this same question came up when I started thinking about attribution requirements. As far as I can tell with my non-legal-expert understanding, there is no direct requirement to include copyright attribution in this case (no NOTICE file, binary produced and distributed from unmodified Source form). It would be great to have some amount of guidance on it. I can explain my reasoning, if that helps clarify anything.

Section 4 obviously outlines the requirements to be met for (re)distribution. Section 4(a) requires a copy of the License be included, but the standard license text does not itself include any attribution headers. The standard text does contain an attribution reference line via the template in Appendix, but note that, (a) it's only a template instructing you how to apply the License to your work elsewhere, so there's no reason to believe it would ever itself be modified in-place, and (b) the Appendix is not part of the License anyway (see the opening to section 1, defining "License"), so the copy included to meet the requirements could be a completely unmodified, fresh copy from the Apache website.

Section 4(b) doesn't apply in the case there are no modifications to the Source form when generating an Object form of the work.

Section 4(c), which mentions Source form attribution notices, applies only to distribution of "the Source form of any Derivative Works". 4(c) doesn't place a restriction on the Object form of the original work.

The requirements of Section 4(d) don't apply if there is no NOTICE file. 4(d) says you "may add" attribution notices, but the additions are in relation to a NOTICE file.

That all leads me to believe that the license terms permit the distribution of an Object form binary (say, foo.exe) along-side a copy of the Version 2.0 license, with no copyright attribution, because you can meet every requirement laid out in section 4. This seems somewhat problematic. Not every repository contains a NOTICE file (it's optional!), and someone could produce and distribute essentially anonymous binaries without attribution. (Not every binary necessarily generates its own copyright notice, either.)

The above seems to be true even if the original project owners themselves distribute a binary: they would distribute, at minimum, foo.exe, a plain LICENSE file, and _maybe_ an attached copyright attribution notice in accordance with the Appendix's instructions of "applying" the license. But the separate copyright attribution notice isn't required to be included by others to meet the license's redistribution requirements!

The only loose attribution mechanism I see in practice would be that the name of the executable would match the name of the originating project, and inclusion of an Object form work would prompt reference to, e.g., "Foo is licensed under the Apache License, Version 2.0." That still isn't a copyright attribution requirement though.

Have I missed something glaringly obvious? It seems like attribution should be a strong requirement of any binary distributions of unmodified work.

> Attribution for Apache 2.0
> --------------------------
>
>                 Key: LEGAL-301
>                 URL: https://issues.apache.org/jira/browse/LEGAL-301
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Eden
>
> Hi, where in the Apache 2.0 license does it indicate that I need to retain attribution notices (assuming there is not NOTICE file) for binary copies I distribute (but have not modified)? I intend to attribute regardless but would like to understand exactly where it appears in the license. Many thanks. 



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