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Posted to legal-discuss@apache.org by Simon Kitching <sk...@apache.org> on 2005/07/26 13:50:13 UTC
Dual licensing of code
Hi All,
In the last couple of months I wrote two classes to assist in
unit-testing of jakarta commons logging. These classes have been
committed to the commons-logging subversion with an Apache copyright
and the standard APL 2.0 attached.
I am now looking at writing an article about unit testing and would like
to be able to provide these classes as code in the public domain, just
to make it as easy as possible for readers of the article to reuse that
code.
Is there any issue with doing this? What is the exact procedure I should
follow? Should I add something like
"This code is also in the public domain."
following the Apache license header or somesuch? I presume I can't just
delete the apache license header and replace it with such a declaration
- and I don't really want to; I just want readers of the article to be
able to reuse these two simple classes without any constraints at all,
including the requirement to acknowledge Apache code is present.
Note that the classes are 100% my own work as can be seen from the
subversion history. The actual classes in question are
PathableTestSuite.java
PathableClassLoader.java
which can be seen here:
http://svn.apache.org/repos/asf/jakarta/commons/proper/logging/trunk/src/test/org/apache/commons/logging/
or here:
http://svn.apache.org/viewcvs.cgi/jakarta/commons/proper/logging/trunk/src/test/org/apache/commons/logging/
Thanks,
Simon
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Re: Dual licensing of code
Posted by Henri Yandell <ba...@apache.org>.
On Tue, 26 Jul 2005, Simon Kitching wrote:
> Hi All,
Sorry for not replying on general@jakarta, I'll say what I was going to
say there here so experts can laugh and point out how horribly wrong it
all is.
> I am now looking at writing an article about unit testing and would like
> to be able to provide these classes as code in the public domain, just
> to make it as easy as possible for readers of the article to reuse that
> code.
>
> Is there any issue with doing this? What is the exact procedure I should
> follow? Should I add something like
> "This code is also in the public domain."
There are effectively two versions of the code, the ASF copyrighted
version that lives on svn.apache.org and the Simon Kitching copyrighted
version that lives wherever.
You are public domaining the Simon Kitching version, which has no ASL
licence at the top and no impact on the ASF copyrighted version.
One slight nitpick is that you've probably not got your own copy, so I
imagine you silently roll the ASF copyrighted version (which is all Simon
Kitching work) into a Simon Kitching version. Technically wrong, but I
imagine a reality that no one would fuss over (?).
> following the Apache license header or somesuch? I presume I can't just
> delete the apache license header and replace it with such a declaration
> - and I don't really want to; I just want readers of the article to be
> able to reuse these two simple classes without any constraints at all,
> including the requirement to acknowledge Apache code is present.
I thought there were negatives to public-domain, ie) you're not protected
at all?
Also, I suspect that you can't dual-license (as such) between a licence
and public domain as public domain is the lack of a licence(?).
I'd drop the ASL licence to get the Simon Kitching version, then BSD
licence it, dropping the acknowledgement clause. Only worry would be over
the impropriety of the first step.
Hen
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Re: Dual licensing of code
Posted by Jeffrey Thompson <jt...@us.ibm.com>.
Simon Kitching <sk...@apache.org> wrote on 07/26/2005 07:50:13 AM:
> Hi All,
>
> In the last couple of months I wrote two classes to assist in
> unit-testing of jakarta commons logging. These classes have been
> committed to the commons-logging subversion with an Apache copyright
> and the standard APL 2.0 attached.
>
> I am now looking at writing an article about unit testing and would like
> to be able to provide these classes as code in the public domain, just
> to make it as easy as possible for readers of the article to reuse that
> code.
>
> Is there any issue with doing this? What is the exact procedure I should
> follow? Should I add something like
> "This code is also in the public domain."
> following the Apache license header or somesuch? I presume I can't just
> delete the apache license header and replace it with such a declaration
> - and I don't really want to; I just want readers of the article to be
> able to reuse these two simple classes without any constraints at all,
> including the requirement to acknowledge Apache code is present.
As mentioned elsewhere, public domain isn't a license, it is the state of
a work of authorship after which all copyright rights have been
extinguished. That is, once something has been placed in the public
domain, there is nothing left to license. Placing something in the public
domain and distributing it under the Apache license are mutually
inconsistent.
>
> Note that the classes are 100% my own work as can be seen from the
> subversion history. The actual classes in question are
> PathableTestSuite.java
> PathableClassLoader.java
> which can be seen here:
> http://svn.apache.
>
org/repos/asf/jakarta/commons/proper/logging/trunk/src/test/org/apache/commons/logging/
> or here:
> http://svn.apache.org/viewcvs.
>
cgi/jakarta/commons/proper/logging/trunk/src/test/org/apache/commons/logging/
It's normally recommended that an author keep copies of anything he
contributes, so that he won't have to pull a copy from Apache's SVN. There
is a question of proof if you try to dedicate something out of Apache's
SVN to the public domain. Can you really PROVE that no other material has
been added to that code by someone else? Logs are useful, but are they
PROOF?
Putting aside that question, you certainly can dedicate your code to the
public domain. You own it and I don't see anything in the CLA or the
Apache license that would prevent it. The effect on Apache will be
interesting. The rights that they are licensing to their customers
disappear, at least for those lines of code. It probably won't have any
practical effect though because the remainder of the project is
unaffected.
The problems usually voiced about dedicating code to the public domain is
that the process which satisfies one jursidiction might not satisfy
others. In most jurisdictions the process is not well defined, so you
would need to consult local experts in all relevant jurisdictions to make
sure that you've followed all of the required steps. Most people when
they think hard about it decide to just license the code under a very
permissive license (such as modified-MIT).
>
> Thanks,
>
> Simon
>
>
> ---------------------------------------------------------------------
> DISCLAIMER: Discussions on this list are informational and educational
> only, are not privileged and do not constitute legal advice.
> ---------------------------------------------------------------------
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> For additional commands, e-mail: legal-discuss-help@apache.org
>
Staff Counsel, IBM Corporation (914)766-1757 (tie)8-826 (fax) -8160
(notes) jthom@ibmus (internet) jthom@us.ibm.com (home) jeff@beff.net
(web) http://www.beff.net/