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Posted to legal-discuss@apache.org by Prashant Shah <ps...@gmail.com> on 2013/02/18 06:53:06 UTC
Derivative Works
Hi,
What classifies as Derivative work ? If there is a software 'X' under
APL 2.0 distributed by Company 'C'. I download 'X' and make some fixes
and still distribute it as 'X'. Does it become a Derivative Work ? If
I make major modifications and distribute it as 'Y' under a different
license does that make it a Derivate Work ?
Regards.
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Re: Derivative Works
Posted by Prashant Shah <ps...@gmail.com>.
Hi,
On Mon, Feb 18, 2013 at 10:47 PM, Dennis E. Hamilton
<de...@acm.org> wrote:
> Not speaking for the ASF and not being a lawyer
That's ok. I just wanted a general opinion about it :)
Regards.
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RE: Derivative Works
Posted by "Dennis E. Hamilton" <de...@acm.org>.
Not speaking for the ASF and not being a lawyer, I am willing to say that
the general answer for the two cases mentioned is "yes." (This is also, it
seems to me, the safe assumption whenever making modifications to a work
that is not your independent original creation.)
Something being a derivative work has nothing to do with licenses. It is a
derivative work if it is created by modification/combination of other
work(s). The portions that are not original to the derivative are not the
intellectual property of the producer of the derivative. Exclusive rights
of the original work's copyright holder will generally be applicable.
My statement is in no way an interpretation of the ALv2 license.
- Dennis
-----Original Message-----
From: Mark Thomas [mailto:markt@apache.org]
Sent: Monday, February 18, 2013 01:28
To: Prashant Shah
Cc: legal-discuss@apache.org
Subject: Re: Derivative Works
On 18/02/2013 05:53, Prashant Shah wrote:
> Hi,
>
> What classifies as Derivative work ? If there is a software 'X' under
> APL 2.0 distributed by Company 'C'. I download 'X' and make some fixes
> and still distribute it as 'X'. Does it become a Derivative Work ? If
> I make major modifications and distribute it as 'Y' under a different
> license does that make it a Derivate Work ?
The ASF does not offer legal opinions or advice to the public.
Those are all questions you need to ask your lawyer.
Mark
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Re: Derivative Works
Posted by Mark Thomas <ma...@apache.org>.
On 18/02/2013 05:53, Prashant Shah wrote:
> Hi,
>
> What classifies as Derivative work ? If there is a software 'X' under
> APL 2.0 distributed by Company 'C'. I download 'X' and make some fixes
> and still distribute it as 'X'. Does it become a Derivative Work ? If
> I make major modifications and distribute it as 'Y' under a different
> license does that make it a Derivate Work ?
The ASF does not offer legal opinions or advice to the public.
Those are all questions you need to ask your lawyer.
Mark
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Re: Derivative Works
Posted by Prashant Shah <ps...@gmail.com>.
Hi,
On Tue, Feb 19, 2013 at 5:57 PM, Philip Odence
<po...@blackducksoftware.com> wrote:
> A more comprehensive license list with short identifiers is the SPDX list:
> http://spdx.org/licenses/
> Phil Odence
> Black Duck Software
>
> Chairman SPDX Group
Great !
Regards.
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Re: Derivative Works
Posted by Philip Odence <po...@blackducksoftware.com>.
A more comprehensive license list with short identifiers is the SPDX list:
http://spdx.org/licenses/
The SPDX group works with OSI and have synchronized the identifiers. The
list goes a bit beyond the OSI list, aspiring to cover most of the
commonly used free licenses, some of which are not OSI-approved licenses.
(The group absolutely advocates using approved licenses, but the list is
for developing bills of material for code that may not have stuck to that
practice.) For each license there is an indication a to whether the
license has been OSI-approved. Also, for each link to a URL (which will
not change) to the license text so that the short identifier is
unambiguously associated with a specific license.
(SPDX itself is a standard format for describing copyright and licensing
of a package which utilizes the short identifiers for compactness, but
also allows for inclusion licenses not on the list.)
Phil Odence
Black Duck Software
Chairman SPDX Group
On 2/18/13 6:24 PM, "Shane Curcuru" <as...@shanecurcuru.org> wrote:
>On 2/18/2013 10:54 AM, Prashant Shah wrote:
>> Hi,
>>
>> On Mon, Feb 18, 2013 at 8:46 PM, Daniel Shahaf <d....@daniel.shahaf.name>
>>wrote:
>>> Prashant Shah wrote on Mon, Feb 18, 2013 at 11:23:06 +0530:
>>>> APL 2.0
>>>
>>> If you meant to refer to the Apache License, version 2.0, you should
>>>not
>>> have used a "P" (nor an "S") in your acronym.
>>
>> Sorry, I wrongly assumed it to be Apache "Public" License (APL).
>
>No worries, it's a common mistake. The best place for license
>names/abbreviations seems to be:
>
>http://opensource.org/licenses/alphabetical
>
>Except that we call it the AL for Apache License.
>
>Separately, note that trademarks are somewhat different than licenses.
>So if you take product "X", make changes to it, and then re-distribute
>it, you should be careful how you brand the product you're
>re-distributing. Depending on what changes you made - and what kind of
>software it is - you either may or may *not* call your distribution "X".
>
>Good luck with your project.
>
>- Shane
>
>
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Re: Derivative Works
Posted by Shane Curcuru <as...@shanecurcuru.org>.
On 2/18/2013 10:54 AM, Prashant Shah wrote:
> Hi,
>
> On Mon, Feb 18, 2013 at 8:46 PM, Daniel Shahaf <d....@daniel.shahaf.name> wrote:
>> Prashant Shah wrote on Mon, Feb 18, 2013 at 11:23:06 +0530:
>>> APL 2.0
>>
>> If you meant to refer to the Apache License, version 2.0, you should not
>> have used a "P" (nor an "S") in your acronym.
>
> Sorry, I wrongly assumed it to be Apache "Public" License (APL).
No worries, it's a common mistake. The best place for license
names/abbreviations seems to be:
http://opensource.org/licenses/alphabetical
Except that we call it the AL for Apache License.
Separately, note that trademarks are somewhat different than licenses.
So if you take product "X", make changes to it, and then re-distribute
it, you should be careful how you brand the product you're
re-distributing. Depending on what changes you made - and what kind of
software it is - you either may or may *not* call your distribution "X".
Good luck with your project.
- Shane
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Re: Derivative Works
Posted by Prashant Shah <ps...@gmail.com>.
Hi,
On Mon, Feb 18, 2013 at 8:46 PM, Daniel Shahaf <d....@daniel.shahaf.name> wrote:
> Prashant Shah wrote on Mon, Feb 18, 2013 at 11:23:06 +0530:
>> APL 2.0
>
> If you meant to refer to the Apache License, version 2.0, you should not
> have used a "P" (nor an "S") in your acronym.
Sorry, I wrongly assumed it to be Apache "Public" License (APL).
:)
Regards.
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Re: Derivative Works
Posted by Daniel Shahaf <d....@daniel.shahaf.name>.
Prashant Shah wrote on Mon, Feb 18, 2013 at 11:23:06 +0530:
> APL 2.0
If you meant to refer to the Apache License, version 2.0, you should not
have used a "P" (nor an "S") in your acronym.
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Re: Derivative Works
Posted by Prashant Shah <ps...@gmail.com>.
Hi,
On Wed, Feb 20, 2013 at 5:20 PM, Aahit <aa...@gmail.com> wrote:
>
> 1. Alteration of the existing work – e.g. modifying the lines.
>
> 2. Combining new work to the existing work – e.g. adding new code to existing code.
The reason I wanted to know is because I am not so sure whether Apache
License 2.0 gives patent grants to Derivative Works / Forks if they
are under a different licensing terms.
Regards.
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Re: Derivative Works
Posted by Aahit <aa...@gmail.com>.
Hi,
The definition of a derivative work is a subject of much debate and it
varies by jurisdictions. All these complex definitions have already
addressed by the Berne Convention and WIPO Copyright Treaty.
Considering that you are a tech guy, Derivative work is:
1. Alteration of the existing work – e.g. modifying the lines.
2. Combining new work to the existing work – e.g. adding new code to
existing code.
Hence, in both the circumstances it will be considered as a derivative
work. See below for further explanations:
[image: Inline image 1]
I hope this help clarifying your doubts.
Regards,
Aahit Gaba
In-House Counsel,
Lyra Infosystems Pvt. Ltd., Bangalore
www.lyrainfo.com
On Mon, Feb 18, 2013 at 11:23 AM, Prashant Shah <ps...@gmail.com>wrote:
> Hi,
>
> What classifies as Derivative work ? If there is a software 'X' under
> APL 2.0 distributed by Company 'C'. I download 'X' and make some fixes
> and still distribute it as 'X'. Does it become a Derivative Work ? If
> I make major modifications and distribute it as 'Y' under a different
> license does that make it a Derivate Work ?
>
> Regards.
>
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> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
>
>