Re: LICENSE mark III

[Randy Terbush <ra...@zyzzyva.com>]

> As I said, I like the point-by-point clarification.  What I didn't like
> was the notion of assigning copyright to all contributors individually
> rather than to an umbrella organization (real or imaginary).  I don't
> care whether or not it can be defended in court -- we couldn't defend
> it even if it was legal to do so.  What matters *most*, in both civil society
> and in US Law, is that the *intention* of the copyright owners is clear.
> 
> If we as a group agree to call ourselves "the Apache Group", and we then
> agree to assign copyright to "the Apache Group" (and require that
> copyright be assigned to future patches), then our *intentions* are
> perfectly clear and that does hold considerable weight in US Law
> (and even more, as I recall, in UK Law).  Lawyers (solicitors) will
> indeed advise us to have a stronger protection, but that is because
> their job is to *guarantee* our property rights.  Since we don't need
> the guarantee, we don't need a lawyer.
> 
> Nevertheless, I'll send a copy of the final license to my sister
> (an Assistant Attorney General for the State of Washington) so that
> she can pick holes in it.  Unfortunately, the AG's office is still in
> the dark ages, so it'll have to be by snail mail.
> 
> ......Roy

I am in complete agreement with Roy's position here. I would like
to call a vote on the following license. I would like to close
the vote on this license in 48 hours.  Any problem with this?

The license has my +1, and I assume Roy's.




> Here is what I would suggest as a replacement license:
> 
> /* ====================================================================
>  * Copyright (c) 1995 The Apache Group.  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
>  *    notice, this list of conditions and the following disclaimer. 
>  *
>  * 2. Redistributions in binary form must reproduce the above copyright
>  *    notice, this list of conditions and the following disclaimer in
>  *    the documentation and/or other materials provided with the
>  *    distribution.
>  *
>  * 3. All advertising materials mentioning features or use of this
>  *    software must display the following acknowledgment:
>  *    "This product includes software developed by the Apache Group
>  *    for use in the Apache HTTP server project (http://www.apache.org/)."
>  *
>  * 4. The names "Apache Server" and "Apache Group" must not be used to
>  *    endorse or promote products derived from this software without
>  *    prior written permission.
>  *
>  * 5. Redistributions of any form whatsoever must retain the following
>  *    acknowledgment:
>  *    "This product includes software developed by the Apache Group
>  *    for use in the Apache HTTP server project (http://www.apache.org/)."
>  *
>  * THIS SOFTWARE IS PROVIDED BY THE APACHE GROUP ``AS IS'' AND ANY
>  * EXPRESS 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 GROUP 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 Group.  A complete list of
>  * contributors is given in the CREDITS file included with the source
>  * code distribution.  For more information on the Apache Group and
>  * the Apache HTTP server project, please see <http://www.apache.org/>.
>  *
>  */