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Posted to legal-discuss@apache.org by "Henri Yandell (Jira)" <ji...@apache.org> on 2023/04/02 21:32:00 UTC

[jira] [Resolved] (LEGAL-637) Questions about serveral articles of Apache License v2.0

     [ https://issues.apache.org/jira/browse/LEGAL-637?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel ]

Henri Yandell resolved LEGAL-637.
---------------------------------
    Resolution: Resolved

Resolving - but please reopen if your questions were not fully responded to; or join the mailing list at [legal-discuss@apache.org|mailto:legal-discuss@apache.org] to discuss.

> Questions about serveral articles of Apache License v2.0
> --------------------------------------------------------
>
>                 Key: LEGAL-637
>                 URL: https://issues.apache.org/jira/browse/LEGAL-637
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Navia Shen
>            Priority: Major
>
> We are members of "YuanYiShi" Open Source Translation program initiated by the OpenAtom Foundation, an international non-profit open source organization in China. A major goal of our program is to offer, for public and for free, credible Chinese translation of the top popular OSS licenses to promote better local understanding of open source concepts and rules. Experts with competence in languages and open source from communities, academies and companies are invited to join the program to review & revise the translation scripts.
>  
> *While working on the translation of the Apache License v2.0 (the License), we have some questions with several articles, for which we are writing to seek from you, as the steward of the License, kind opinions and interpretations:* 
>  
> Article 2: Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, *publicly perform,* sublicense, and distribute the Work and such Derivative Works in Source or Object form.
> *Question:* We understand "publicly perform" as a term typically used in connection with audiovisual works, as in [1|https://www.law.cornell.edu/uscode/text/17/101] [7 U.S. Code § 101 - Definitions|https://www.law.cornell.edu/uscode/text/17/101] and [17 U.S. Code § 106 - Exclusive rights in copyrighted works|https://www.law.cornell.edu/uscode/text/17/106]. We are not sure about the exact reference of the public performance right to the in case of software context and wonder if it is acceptable to translate “publicly perform (a software)" as "publicly run/execute (a software)"? 
> Article 3: ……a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and *otherwise transfer* the Work, …….
> *Question:* We wonder if the word “transfer” means to assign ownership of a physical copy of the work, or to ship a physical copy of the work?  
> Article 5: Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you *may have executed with* Licensor regarding such Contributions.
> *Question:* We wonder whether “{*}may have executed"{*} shall be understood as "may have done" with emphasis on the past perfect tense or subjunctive tense (so the Apache License 2.0 as a latter license agreement shall not supersede or modify any formerly executed agreement); or be understood as "have something done" with emphasis on passive voice (so the Apache License 2.0 shall not supersede or modify any separate agreement)?
> Article 9: While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations *and/or rights* consistent with this License.
> *Question:* We understand that "support, warranty, indemnity" is the type of liability obligation and you may charge a fee as the counterparty. Why does it also say "and/or rights"? You might charge others a fee for which right? Will you kindly list them?
>  
> Best regards,
> Navia ({*}on bebalf of "YuanYiShi" Open Source Translation Program Members{*})
>  



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