[jira] [Resolved] (LEGAL-453) Can EPLv1.0 source be included in test code?

["Sean Owen (JIRA)" <ji...@apache.org>]

     [ https://issues.apache.org/jira/browse/LEGAL-453?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel ]

Sean Owen resolved LEGAL-453.
-----------------------------
    Resolution: Not A Problem

Ah, I'm not paying attention, and was just going by comments on a PR. Indeed:
https://github.com/eclipse/jetty.project/blob/jetty-9.3.25.v20180904/jetty-server/src/main/java/org/eclipse/jetty/server/SessionManager.java

It's dual licensed. It's an interesting niche question I guess, but not one that we need to resolve here. Thanks, and apologies.

> Can EPLv1.0 source be included in test code?
> --------------------------------------------
>
>                 Key: LEGAL-453
>                 URL: https://issues.apache.org/jira/browse/LEGAL-453
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Sean Owen
>            Priority: Major
>
> In the Spark project, we need to include 2 files from Jetty in the _test_ code of Spark only. Jetty is EPLv1.0: https://github.com/eclipse/jetty.project/blob/jetty-9.4.x/LICENSE This is a 'weak copyleft' license per https://apache.org/legal/resolved.html#weak-copyleft-licenses
> The guidance there suggests: "For small amounts of source that is directly consumed by the ASF product at runtime in source form, and for which that source is unmodified and unlikely to be changed anyway (say, by virtue of being specified by a standard), inclusion of appropriately labeled source is also permitted."
> This is certainly a small amount, unmodified, and can't (won't) be changed given its purpose. It's not used at all by Spark at runtime, being test code. However this example suggests it's getting at things like including a DTD, not source code.
> The motivation seems to be to avoid having users create a derivative work of EPLv1.0 code. This wouldn't arise for downstream users that use or modify Spark itself. I can envision a distribution redistributing Spark's test code, but not deriving a work from these tests; they're not reusable as artifacts as they can only really test Spark.
> I think including the 2 files falls within the spirit of what's allowed here and why, but wanted to ask if there are nuances I'm missing.



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