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Posted to legal-discuss@apache.org by "Mark Thomas (JIRA)" <ji...@apache.org> on 2011/05/24 23:06:47 UTC
[jira] [Resolved] (LEGAL-91) Sun resource files distributed with
Lucene 3 in servlet-api-2.4.jar - web-app_2_3.dtd, j2ee_1_4.xsd
[ https://issues.apache.org/jira/browse/LEGAL-91?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel ]
Mark Thomas resolved LEGAL-91.
------------------------------
Resolution: Fixed
Assignee: Mark Thomas
Background: I'm a Tomcat committer and have been over this ground many times before.
The short version is despite what the headers may say, those files are ALv2 licensed.
The long version.
To repeat the commit message from 2007 where this was researched:
These files were originally committed by a Sun employee (Remy) with Sun's permission and are therefore therefore licensed to the ASF under a CLA. As such, the restrictive header can be removed. See the following legal-discuss thread that went into this in much more detail:
URL: http://mail-archives.apache.org/mod_mbox/www-legal-discuss/200707.mbox/browser
Thread: SUN PROPRIETARY/CONFIDENTIAL code in myfaces
> Sun resource files distributed with Lucene 3 in servlet-api-2.4.jar - web-app_2_3.dtd, j2ee_1_4.xsd
> ---------------------------------------------------------------------------------------------------
>
> Key: LEGAL-91
> URL: https://issues.apache.org/jira/browse/LEGAL-91
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Dave McLoughlin
> Assignee: Mark Thomas
>
> I was reviewing the licensing information for Lucene 3.0.0. I discovered 7 files within the servlet-api-2.4.jar file distributed with Lucene that have Sun copyrights and notices. Particularly interesting is this statement:
> "No part of this product or documentation may be reproduced in any form by any means without prior written authorization of Sun and its licensors, if any."
> These files appear to be under a dual CDDL/GPLv2 license according to information I found here: http://java.sun.com/xml/ns/j2ee/#usage
> I have a few questions I was wondering if you can clear up for me?
> 1. Does the Apache Software Foundation have the written permission from Sun to use these files? If so, how does this affect my use of Lucene?
> 2. Were they provided to the ASF under a CLA?
> 3. Are they licensed under the Apache License only as part of this distribution and not under the original CDDL/GPLv2 terms of use? Or would the use of these files mean that I would need to provide them under the original license? (What are they licensed under?)
> 4. The servet-api jar appears to come from Tomcat. So am I correct that the same issue would apply to using Tomcat or any other Apache project that uses these files?
> Here is more information on the specific files in question:
> Found in: lucene-3.0.0-source/lib/servlet-api-2.4.jar/javax/servlet/resources/
> These six files:
> j2ee_1_4.xsd, j2ee_web_services_1_1.xsd, j2ee_web_services_client_1_1.xsd, jsp_2_0.xsd, web-app_2_4.xsd, web-jsptaglibrary_2_0.xsd
> Have this notice (2 files have a copyright date of 2004):
> Copyright 2002 Sun Microsystems, Inc., 901 San Antonio
> Road, Palo Alto, California 94303, U.S.A. All rights
> reserved.
> Sun Microsystems, Inc. has intellectual property rights
> relating to technology described in this document. In
> particular, and without limitation, these intellectual
> property rights may include one or more of the U.S. patents
> listed at http://www.sun.com/patents and one or more
> additional patents or pending patent applications in the
> U.S. and other countries.
> This document and the technology which it describes are
> distributed under licenses restricting their use, copying,
> distribution, and decompilation. No part of this document
> may be reproduced in any form by any means without prior
> written authorization of Sun and its licensors, if any.
> Third-party software, including font technology, is
> copyrighted and licensed from Sun suppliers.
> Sun, Sun Microsystems, the Sun logo, Solaris, Java, J2EE,
> JavaServer Pages, Enterprise JavaBeans and the Java Coffee
> Cup logo are trademarks or registered trademarks of Sun
> Microsystems, Inc. in the U.S. and other countries.
> Federal Acquisitions: Commercial Software - Government Users
> Subject to Standard License Terms and Conditions.
> =============================================================
> And this file: web-app_2_3.dtd
> Has this notice:
> Copyright 2000-2001 Sun Microsystems, Inc. 901 San Antonio Road,
> Palo Alto, CA 94303, U.S.A. All rights reserved.
> This product or document is protected by copyright and distributed
> under licenses restricting its use, copying, distribution, and
> decompilation. No part of this product or documentation may be
> reproduced in any form by any means without prior written authorization
> of Sun and its licensors, if any.
> Third party software, including font technology, is copyrighted and
> licensed from Sun suppliers.
> Sun, Sun Microsystems, the Sun Logo, Solaris, Java, JavaServer Pages, Java
> Naming and Directory Interface, JDBC, JDK, JavaMail and Enterprise JavaBeans,
> are trademarks or registered trademarks of Sun Microsystems, Inc in the U.S.
> and other countries.
> All SPARC trademarks are used under license and are trademarks
> or registered trademarks of SPARC International, Inc.
> in the U.S. and other countries. Products bearing SPARC
> trademarks are based upon an architecture developed by Sun Microsystems, Inc.
> PostScript is a registered trademark of Adobe Systems, Inc.
> Federal Acquisitions: Commercial Software - Government Users Subject to
> Standard License Terms and Conditions.
> DOCUMENTATION IS PROVIDED "AS IS" AND ALL EXPRESS OR IMPLIED
> CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY
> IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
> PURPOSE OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT
> TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY
> INVALID.
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