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Posted to legal-discuss@apache.org by "Antonio Sanso (JIRA)" <ji...@apache.org> on 2012/04/30 14:12:49 UTC
[jira] [Created] (LEGAL-134) [AMBER-11][AMBER-12] patch with
Newcastle University Copyright
Antonio Sanso created LEGAL-134:
-----------------------------------
Summary: [AMBER-11][AMBER-12] patch with Newcastle University Copyright
Key: LEGAL-134
URL: https://issues.apache.org/jira/browse/LEGAL-134
Project: Legal Discuss
Issue Type: Question
Reporter: Antonio Sanso
Over in AMBER-11 and AMBER-12 someone (2 project members with a signed ICLA) have contributed patch with a Newcastle University copyright.
The Amber project has been on incubator fro a while and we would like to try to graduate. In order to do it we need to solve some potential legal issue as the copyright.
The copyright looks like
/**
* Copyright 2010 Newcastle University
*
* http://research.ncl.ac.uk/smart/
*
* Licensed to the Apache Software Foundation (ASF) under one or more
* contributor license agreements. See the NOTICE file distributed with
* this work for additional information regarding copyright ownership.
* The ASF licenses this file to You under the Apache License, Version 2.0
* (the "License"); you may not use this file except in compliance with
* the License. You may obtain a copy of the License at
*
* http://www.apache.org/licenses/LICENSE-2.0
*
* Unless required by applicable law or agreed to in writing, software
* distributed under the License is distributed on an "AS IS" BASIS,
* WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
* See the License for the specific language governing permissions and
* limitations under the License.
*/
Is this code useable in Apache Amber?
Is this copyright statement in line with Apache rules/policies ? If not are we allowed to change?
More details in [0]
[0] http://markmail.org/message/p2taqtcvnxw4o6ri
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[jira] [Commented] (LEGAL-134) [AMBER-11][AMBER-12] patch with
Newcastle University Copyright
Posted by "Kalle Korhonen (JIRA)" <ji...@apache.org>.
[ https://issues.apache.org/jira/browse/LEGAL-134?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13266819#comment-13266819 ]
Kalle Korhonen commented on LEGAL-134:
--------------------------------------
The same excerpt specifies the code is licensed under AL 2.0 so it's well within your rights to have one of those two members, preferably the original submitter, remove the copyright notice, as required by ASF rules and move it to the notice file. This is not Third-Party Works as defined by the linked src-headers.html document, but code directly submitted to ASF, so adding it to the notice file isn't technically required (the primary purpose of the NOTICE file is for Third-Party Works with licenses that require acknowledging copyright owners). Regardless, Newcastle University continue to own copyrights to that piece of code and you are allowed to use it in your project.
> [AMBER-11][AMBER-12] patch with Newcastle University Copyright
> --------------------------------------------------------------
>
> Key: LEGAL-134
> URL: https://issues.apache.org/jira/browse/LEGAL-134
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Antonio Sanso
>
> Over in AMBER-11 and AMBER-12 someone (2 project members with a signed ICLA) have contributed patch with a Newcastle University copyright.
> The Amber project has been on incubator fro a while and we would like to try to graduate. In order to do it we need to solve some potential legal issue as the copyright.
> The copyright looks like
> /**
> * Copyright 2010 Newcastle University
> *
> * http://research.ncl.ac.uk/smart/
> *
> * Licensed to the Apache Software Foundation (ASF) under one or more
> * contributor license agreements. See the NOTICE file distributed with
> * this work for additional information regarding copyright ownership.
> * The ASF licenses this file to You under the Apache License, Version 2.0
> * (the "License"); you may not use this file except in compliance with
> * the License. You may obtain a copy of the License at
> *
> * http://www.apache.org/licenses/LICENSE-2.0
> *
> * Unless required by applicable law or agreed to in writing, software
> * distributed under the License is distributed on an "AS IS" BASIS,
> * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
> * See the License for the specific language governing permissions and
> * limitations under the License.
> */
> Is this code useable in Apache Amber?
> Is this copyright statement in line with Apache rules/policies ? If not are we allowed to change?
> More details in [0]
> [0] http://markmail.org/message/p2taqtcvnxw4o6ri
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[jira] [Closed] (LEGAL-134) [AMBER-11][AMBER-12] patch with
Newcastle University Copyright
Posted by "Kevan Miller (JIRA)" <ji...@apache.org>.
[ https://issues.apache.org/jira/browse/LEGAL-134?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel ]
Kevan Miller closed LEGAL-134.
------------------------------
Resolution: Fixed
> [AMBER-11][AMBER-12] patch with Newcastle University Copyright
> --------------------------------------------------------------
>
> Key: LEGAL-134
> URL: https://issues.apache.org/jira/browse/LEGAL-134
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Antonio Sanso
>
> Over in AMBER-11 and AMBER-12 someone (2 project members with a signed ICLA) have contributed patch with a Newcastle University copyright.
> The Amber project has been on incubator fro a while and we would like to try to graduate. In order to do it we need to solve some potential legal issue as the copyright.
> The copyright looks like
> /**
> * Copyright 2010 Newcastle University
> *
> * http://research.ncl.ac.uk/smart/
> *
> * Licensed to the Apache Software Foundation (ASF) under one or more
> * contributor license agreements. See the NOTICE file distributed with
> * this work for additional information regarding copyright ownership.
> * The ASF licenses this file to You under the Apache License, Version 2.0
> * (the "License"); you may not use this file except in compliance with
> * the License. You may obtain a copy of the License at
> *
> * http://www.apache.org/licenses/LICENSE-2.0
> *
> * Unless required by applicable law or agreed to in writing, software
> * distributed under the License is distributed on an "AS IS" BASIS,
> * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
> * See the License for the specific language governing permissions and
> * limitations under the License.
> */
> Is this code useable in Apache Amber?
> Is this copyright statement in line with Apache rules/policies ? If not are we allowed to change?
> More details in [0]
> [0] http://markmail.org/message/p2taqtcvnxw4o6ri
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Fwd: [jira] [Commented] (LEGAL-134) [AMBER-11][AMBER-12] patch with
Newcastle University Copyright
Posted by Antonio Sanso <as...@adobe.com>.
FYI
Antonio
P.S. Lukasz, Maciej is there anything you can do regarding
"You should not change, move, or remove the copyright statements unless you have permission to do so. And better yet, have the copyright holder do this."
Begin forwarded message:
From: "Kevan Miller (JIRA)" <ji...@apache.org>>
Date: May 1, 2012 5:56:04 AM GMT+02:00
To: "legal-discuss@apache.org<ma...@apache.org>" <le...@apache.org>>
Subject: [jira] [Commented] (LEGAL-134) [AMBER-11][AMBER-12] patch with Newcastle University Copyright
Reply-To: "legal-discuss@apache.org<ma...@apache.org>" <le...@apache.org>>
[ https://issues.apache.org/jira/browse/LEGAL-134?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13265624#comment-13265624 ]
Kevan Miller commented on LEGAL-134:
------------------------------------
The guidance you have is -- http://www.apache.org/legal/src-headers.html#headers
IMO, the code *is* usable in Apache Amber.
You should not change, move, or remove the copyright statements unless you have permission to do so. And better yet, have the copyright holder do this.
If you are unable to get the copyright holder to move/remove the copyright or get permission to do so, IMO, the code is still usable within an Apache release. I think this is also the guidance that Sam gave you earlier. Though he may not have stated in quite those terms...
[AMBER-11][AMBER-12] patch with Newcastle University Copyright
--------------------------------------------------------------
Key: LEGAL-134
URL: https://issues.apache.org/jira/browse/LEGAL-134
Project: Legal Discuss
Issue Type: Question
Reporter: Antonio Sanso
Over in AMBER-11 and AMBER-12 someone (2 project members with a signed ICLA) have contributed patch with a Newcastle University copyright.
The Amber project has been on incubator fro a while and we would like to try to graduate. In order to do it we need to solve some potential legal issue as the copyright.
The copyright looks like
/**
* Copyright 2010 Newcastle University
*
* http://research.ncl.ac.uk/smart/
*
* Licensed to the Apache Software Foundation (ASF) under one or more
* contributor license agreements. See the NOTICE file distributed with
* this work for additional information regarding copyright ownership.
* The ASF licenses this file to You under the Apache License, Version 2.0
* (the "License"); you may not use this file except in compliance with
* the License. You may obtain a copy of the License at
*
* http://www.apache.org/licenses/LICENSE-2.0
*
* Unless required by applicable law or agreed to in writing, software
* distributed under the License is distributed on an "AS IS" BASIS,
* WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
* See the License for the specific language governing permissions and
* limitations under the License.
*/
Is this code useable in Apache Amber?
Is this copyright statement in line with Apache rules/policies ? If not are we allowed to change?
More details in [0]
[0] http://markmail.org/message/p2taqtcvnxw4o6ri
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[jira] [Commented] (LEGAL-134) [AMBER-11][AMBER-12] patch with
Newcastle University Copyright
Posted by "Kevan Miller (JIRA)" <ji...@apache.org>.
[ https://issues.apache.org/jira/browse/LEGAL-134?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13265624#comment-13265624 ]
Kevan Miller commented on LEGAL-134:
------------------------------------
The guidance you have is -- http://www.apache.org/legal/src-headers.html#headers
IMO, the code *is* usable in Apache Amber.
You should not change, move, or remove the copyright statements unless you have permission to do so. And better yet, have the copyright holder do this.
If you are unable to get the copyright holder to move/remove the copyright or get permission to do so, IMO, the code is still usable within an Apache release. I think this is also the guidance that Sam gave you earlier. Though he may not have stated in quite those terms...
> [AMBER-11][AMBER-12] patch with Newcastle University Copyright
> --------------------------------------------------------------
>
> Key: LEGAL-134
> URL: https://issues.apache.org/jira/browse/LEGAL-134
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Antonio Sanso
>
> Over in AMBER-11 and AMBER-12 someone (2 project members with a signed ICLA) have contributed patch with a Newcastle University copyright.
> The Amber project has been on incubator fro a while and we would like to try to graduate. In order to do it we need to solve some potential legal issue as the copyright.
> The copyright looks like
> /**
> * Copyright 2010 Newcastle University
> *
> * http://research.ncl.ac.uk/smart/
> *
> * Licensed to the Apache Software Foundation (ASF) under one or more
> * contributor license agreements. See the NOTICE file distributed with
> * this work for additional information regarding copyright ownership.
> * The ASF licenses this file to You under the Apache License, Version 2.0
> * (the "License"); you may not use this file except in compliance with
> * the License. You may obtain a copy of the License at
> *
> * http://www.apache.org/licenses/LICENSE-2.0
> *
> * Unless required by applicable law or agreed to in writing, software
> * distributed under the License is distributed on an "AS IS" BASIS,
> * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
> * See the License for the specific language governing permissions and
> * limitations under the License.
> */
> Is this code useable in Apache Amber?
> Is this copyright statement in line with Apache rules/policies ? If not are we allowed to change?
> More details in [0]
> [0] http://markmail.org/message/p2taqtcvnxw4o6ri
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[jira] [Commented] (LEGAL-134) [AMBER-11][AMBER-12] patch with
Newcastle University Copyright
Posted by "Kevan Miller (JIRA)" <ji...@apache.org>.
[ https://issues.apache.org/jira/browse/LEGAL-134?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13270560#comment-13270560 ]
Kevan Miller commented on LEGAL-134:
------------------------------------
> The only thing in question is the copyright notice in the header. Is it a concern?
Right. IMO, no. I think Amber should get on with their lives... ;-)
> [AMBER-11][AMBER-12] patch with Newcastle University Copyright
> --------------------------------------------------------------
>
> Key: LEGAL-134
> URL: https://issues.apache.org/jira/browse/LEGAL-134
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Antonio Sanso
>
> Over in AMBER-11 and AMBER-12 someone (2 project members with a signed ICLA) have contributed patch with a Newcastle University copyright.
> The Amber project has been on incubator fro a while and we would like to try to graduate. In order to do it we need to solve some potential legal issue as the copyright.
> The copyright looks like
> /**
> * Copyright 2010 Newcastle University
> *
> * http://research.ncl.ac.uk/smart/
> *
> * Licensed to the Apache Software Foundation (ASF) under one or more
> * contributor license agreements. See the NOTICE file distributed with
> * this work for additional information regarding copyright ownership.
> * The ASF licenses this file to You under the Apache License, Version 2.0
> * (the "License"); you may not use this file except in compliance with
> * the License. You may obtain a copy of the License at
> *
> * http://www.apache.org/licenses/LICENSE-2.0
> *
> * Unless required by applicable law or agreed to in writing, software
> * distributed under the License is distributed on an "AS IS" BASIS,
> * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
> * See the License for the specific language governing permissions and
> * limitations under the License.
> */
> Is this code useable in Apache Amber?
> Is this copyright statement in line with Apache rules/policies ? If not are we allowed to change?
> More details in [0]
> [0] http://markmail.org/message/p2taqtcvnxw4o6ri
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[jira] [Commented] (LEGAL-134) [AMBER-11][AMBER-12] patch with
Newcastle University Copyright
Posted by "Kevan Miller (JIRA)" <ji...@apache.org>.
[ https://issues.apache.org/jira/browse/LEGAL-134?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13273358#comment-13273358 ]
Kevan Miller commented on LEGAL-134:
------------------------------------
Thanks for the additional information Bertrand.
Attempting to summarize:
You can release source code with the copyright statement.
You must not alter the copyright statement without permission.
You may move the Apache source license header to be above the copyright statement.
You may also include the copyright statement in your NOTICE file.
You may also note the specific files that are copyright Newcastle University in your LICENSE file.
Will give this a rest for a bit, but barring comments will mark resolved next week...
> [AMBER-11][AMBER-12] patch with Newcastle University Copyright
> --------------------------------------------------------------
>
> Key: LEGAL-134
> URL: https://issues.apache.org/jira/browse/LEGAL-134
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Antonio Sanso
>
> Over in AMBER-11 and AMBER-12 someone (2 project members with a signed ICLA) have contributed patch with a Newcastle University copyright.
> The Amber project has been on incubator fro a while and we would like to try to graduate. In order to do it we need to solve some potential legal issue as the copyright.
> The copyright looks like
> /**
> * Copyright 2010 Newcastle University
> *
> * http://research.ncl.ac.uk/smart/
> *
> * Licensed to the Apache Software Foundation (ASF) under one or more
> * contributor license agreements. See the NOTICE file distributed with
> * this work for additional information regarding copyright ownership.
> * The ASF licenses this file to You under the Apache License, Version 2.0
> * (the "License"); you may not use this file except in compliance with
> * the License. You may obtain a copy of the License at
> *
> * http://www.apache.org/licenses/LICENSE-2.0
> *
> * Unless required by applicable law or agreed to in writing, software
> * distributed under the License is distributed on an "AS IS" BASIS,
> * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
> * See the License for the specific language governing permissions and
> * limitations under the License.
> */
> Is this code useable in Apache Amber?
> Is this copyright statement in line with Apache rules/policies ? If not are we allowed to change?
> More details in [0]
> [0] http://markmail.org/message/p2taqtcvnxw4o6ri
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[jira] [Commented] (LEGAL-134) [AMBER-11][AMBER-12] patch with
Newcastle University Copyright
Posted by "Kevan Miller (JIRA)" <ji...@apache.org>.
[ https://issues.apache.org/jira/browse/LEGAL-134?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13267171#comment-13267171 ]
Kevan Miller commented on LEGAL-134:
------------------------------------
Not quite accurate, IMO -- The "license" is irrelevant. Being licensed under AL v2 does not give you permission to remove the copyright.
If the members have permission to remove the copyright, then they should do so (e.g. by submitting a patch). If the project has received permission to move/remove the copyright, then they should do so. Barring that, you shouldn't remove the copyright.
Agreed that adding the copyright to the NOTICE file is not required. And agreed that regardless, Newcastle University continues to own copyright.
Regardless, of the outcome, I think it's fine for the AMBER project to use the code.
> [AMBER-11][AMBER-12] patch with Newcastle University Copyright
> --------------------------------------------------------------
>
> Key: LEGAL-134
> URL: https://issues.apache.org/jira/browse/LEGAL-134
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Antonio Sanso
>
> Over in AMBER-11 and AMBER-12 someone (2 project members with a signed ICLA) have contributed patch with a Newcastle University copyright.
> The Amber project has been on incubator fro a while and we would like to try to graduate. In order to do it we need to solve some potential legal issue as the copyright.
> The copyright looks like
> /**
> * Copyright 2010 Newcastle University
> *
> * http://research.ncl.ac.uk/smart/
> *
> * Licensed to the Apache Software Foundation (ASF) under one or more
> * contributor license agreements. See the NOTICE file distributed with
> * this work for additional information regarding copyright ownership.
> * The ASF licenses this file to You under the Apache License, Version 2.0
> * (the "License"); you may not use this file except in compliance with
> * the License. You may obtain a copy of the License at
> *
> * http://www.apache.org/licenses/LICENSE-2.0
> *
> * Unless required by applicable law or agreed to in writing, software
> * distributed under the License is distributed on an "AS IS" BASIS,
> * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
> * See the License for the specific language governing permissions and
> * limitations under the License.
> */
> Is this code useable in Apache Amber?
> Is this copyright statement in line with Apache rules/policies ? If not are we allowed to change?
> More details in [0]
> [0] http://markmail.org/message/p2taqtcvnxw4o6ri
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[jira] [Commented] (LEGAL-134) [AMBER-11][AMBER-12] patch with
Newcastle University Copyright
Posted by "Raymond Feng (JIRA)" <ji...@apache.org>.
[ https://issues.apache.org/jira/browse/LEGAL-134?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13270552#comment-13270552 ]
Raymond Feng commented on LEGAL-134:
------------------------------------
The guidance (http://www.apache.org/legal/src-headers.html#headers
) also has the following statement:
"Each source file should include the following license header -- note that there should be no copyright notice in the header." (Please note the term is "should" instead of "must").
Taking an example from Amber:
/**
* Copyright 2010 Newcastle University
*
* http://research.ncl.ac.uk/smart/
*
* Licensed to the Apache Software Foundation (ASF) under one or more
* contributor license agreements. See the NOTICE file distributed with
* this work for additional information regarding copyright ownership.
* The ASF licenses this file to You under the Apache License, Version 2.0
* (the "License"); you may not use this file except in compliance with
* the License. You may obtain a copy of the License at
*
* http://www.apache.org/licenses/LICENSE-2.0
*
* Unless required by applicable law or agreed to in writing, software
* distributed under the License is distributed on an "AS IS" BASIS,
* WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
* See the License for the specific language governing permissions and
* limitations under the License.
*/
The only thing in question is the copyright notice in the header. Is it a concern?
> [AMBER-11][AMBER-12] patch with Newcastle University Copyright
> --------------------------------------------------------------
>
> Key: LEGAL-134
> URL: https://issues.apache.org/jira/browse/LEGAL-134
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Antonio Sanso
>
> Over in AMBER-11 and AMBER-12 someone (2 project members with a signed ICLA) have contributed patch with a Newcastle University copyright.
> The Amber project has been on incubator fro a while and we would like to try to graduate. In order to do it we need to solve some potential legal issue as the copyright.
> The copyright looks like
> /**
> * Copyright 2010 Newcastle University
> *
> * http://research.ncl.ac.uk/smart/
> *
> * Licensed to the Apache Software Foundation (ASF) under one or more
> * contributor license agreements. See the NOTICE file distributed with
> * this work for additional information regarding copyright ownership.
> * The ASF licenses this file to You under the Apache License, Version 2.0
> * (the "License"); you may not use this file except in compliance with
> * the License. You may obtain a copy of the License at
> *
> * http://www.apache.org/licenses/LICENSE-2.0
> *
> * Unless required by applicable law or agreed to in writing, software
> * distributed under the License is distributed on an "AS IS" BASIS,
> * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
> * See the License for the specific language governing permissions and
> * limitations under the License.
> */
> Is this code useable in Apache Amber?
> Is this copyright statement in line with Apache rules/policies ? If not are we allowed to change?
> More details in [0]
> [0] http://markmail.org/message/p2taqtcvnxw4o6ri
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