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Posted to license@apache.org by "Mahesh T. Pai" <pa...@vsnl.net> on 2003/11/14 13:39:09 UTC

Re: Proposed Apache v.2.0 License and CLAs - reciprocity clause

Jennifer Machovec said on Wed, Nov 12, 2003 at 03:59:08PM -0500,:

 >   5. Reciprocity.  <snip>  alleging that *a Contribution and/or* the 
 > Work itself, *without modification (other than modifications that are 
 > Contribution(s)), ... <snip>

Bit round about.

Why not:-

"... alleging that a the work, any contribution, any derivative of this
work which is licensed under these terms, or any part of these ...."
(constitutes direct or contributory ...etc )

-- 
+~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+
                                          
  Mahesh T. Pai, LL.M.,                   
  'NANDINI', S. R. M. Road,               
  Ernakulam, Cochin-682018,               
  Kerala, India.                          
                                          
  http://in.geocities.com/paivakil         
                                          
+~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~+

Re: Proposed Apache v.2.0 License and CLAs - reciprocity clause

Posted by Jennifer Machovec <je...@golux.com>.
Mahesh T. Pai wrote:

>Jennifer Machovec said on Wed, Nov 12, 2003 at 03:59:08PM -0500,:
>
> >   5. Reciprocity.  <snip>  alleging that *a Contribution and/or* the 
> > Work itself, *without modification (other than modifications that are 
> > Contribution(s)), ... <snip>
>
>Bit round about.
>
>Why not:-
>
>"... alleging that a the work, any contribution, any derivative of this
>work which is licensed under these terms, or any part of these ...."
>(constitutes direct or contributory ...etc )
>
>  
>
Because the term "Contribution" means the original work of authorship 
and any additions or modifications that have been submitted to the 
Licensor for inclusion in the Work, the parenthetical was intended to 
clarify that those contributed modifications to the Work (and those 
only) are within the scope of the defensive termination.  Extending this 
clause to subsequent derivative works of the Work or a Contribution 
(_e.g._, modifications that a third party made on its own without 
submitting them to the licensor) would make the effect of this grant 
termination overly broad.