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Posted to legal-discuss@apache.org by Alex Harui <ah...@adobe.com> on 2014/03/25 05:30:38 UTC
File Headers
I have a question about third-party source files as described in:
http://www.apache.org/legal/src-headers.html#3party
Company A develops is a set of files that comprise version 1 of a software
product.
The source code is made available under BSD.
Company B takes this source code and creates a whole new version.
New files are added.
Some of Company A's files are modified significantly.
Some of Company A's files are not modified at all.
Company B donates the entire set of source code to Apache.
Clearly, the new files get Apache Headers and Company B goes in the NOTICE
file.
I want to verify that we should not change the headers for Company A's
files that weren't modified.
And I want to understand what the options are for the files that were
significantly modified.
Is it the PMC's decision as to whether to change the header or are we
supposed to consult this list first?
Since in theory we cannot move Company A's copyright to the NOTICE file,
is there an option to put in the Apache Header and leave the Company A
header underneath or above it?
Or is this not that hard of a question because we should leave Company A's
header and put Company A and Company B in the NOTICE and since most of the
code will have AL headers folks will read the NOTICE and realize there is
some mixing of licenses and copyrights in some of these files?
Thanks,
-Alex
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Re: File Headers
Posted by Kevan Miller <ke...@gmail.com>.
On Tue, Mar 25, 2014 at 3:21 PM, Alex Harui <ah...@adobe.com> wrote:
> On 3/25/14 3:03 PM, "Alex Harui" <ah...@adobe.com> wrote:
>
> >
> >
> >On 3/24/14 9:30 PM, "Alex Harui" <ah...@adobe.com> wrote:
> >
> >>I have a question about third-party source files as described in:
> >>http://www.apache.org/legal/src-headers.html#3party
> >>
> >>Company A develops is a set of files that comprise version 1 of a
> >>software
> >>product.
> >>The source code is made available under BSD.
> >>Company B takes this source code and creates a whole new version.
> >>New files are added.
> >>Some of Company A's files are modified significantly.
> >>Some of Company A's files are not modified at all.
> >>
> >>Company B donates the entire set of source code to Apache.
> >
> >Is this a contribution being accepted by a project? And coming in through
> >the incubator's ip clearance process?
> >http://incubator.apache.org/ip-clearance/index.html
>
> Hmm. It appears that we have some paperwork to do. I'll follow up on
> that on general@incubator
>
> >
> >Is company B contributing "their" code as ALv2?
>
> Yes.
>
> >
> >
> >>
> >>Clearly, the new files get Apache Headers and Company B goes in the
> >>NOTICE
> >>file.
> >Not enough information to evaluate that... Has Company B requested that
> >they be in the NOTICE file?
>
> Yes
>
> >>I want to verify that we should not change the headers for Company A's
> >>files that weren't modified.
> >Examples/specifics might help... What changes do you want to make?
> >
>
> Replacing the header with the Apache header.
>
> >In general:
> >
> >Don't change any copyright statements for Company A, unless you have
> >explicit permission from A (or better for A to make the change,
> >themselves). Don't alter/insert licensing information, either, since
> >neither you nor B have the ability to relicense files that are copyright
> >A.
> >
> >BTW, did B give you permission to move/remove their copyrights? Or is
> >someone from B doing this?
> >
>
> We have permission from B.
>
> >
> >
> >>And I want to understand what the options are for the files that were
> >>significantly modified.
> >>Is it the PMC's decision as to whether to change the header or are we
> >>supposed to consult this list first?
> >Are these files copyrighted by B? If not, then I don't see why you
> >would/could change the header...
> >
> >
> >
> >>
> >>Since in theory we cannot move Company A's copyright to the NOTICE file,
> >>is there an option to put in the Apache Header and leave the Company A
> >>header underneath or above it?
> >This seems to imply that Company A's files are now ALv2. But that's not
> >clear to me...
> >
> If a Company A file was modified so that most of the lines of code in that
> file are now written by Company B, and B's work is under AL but A's work
> is under BSD, do you still leave A's header/copyright in the file? IOW,
> does it matter what percent of the file was done by A under BSD?
>
Maybe, but I doubt that you'll get a specific number, here. And personally,
I would be to follow company B's lead. When B wrote/rewrote extensive
sections of some file, did they also remove A's copyright/relicense the
file? If so, then you could relicense the file, move copyright, etc. If B
did not, I would not change the license/copyright.
>
> >
> >>
> >>Or is this not that hard of a question because we should leave Company
> >>A's
> >>header and put Company A and Company B in the NOTICE and since most of
> >>the
> >>code will have AL headers folks will read the NOTICE and realize there is
> >>some mixing of licenses and copyrights in some of these files?
> >So this seems to imply you will have a mix of BSD (company A) and ALv2
> >(company B)?
> >
> >The LICENSE file (or files) would contain the applicable licenses (e.g.
> >ALv2 and BSD). And furthermore, I'd expect the LICENSE to contain
> >information on which files/directories are under each license. The NOTICE
> >is a separate matter.
> >
> OK, so the LICENSE file is where we should make it more clear what files
> are under what license.
>
Right. And the source license header of each file, of course...
--kevan
Re: File Headers
Posted by Alex Harui <ah...@adobe.com>.
From: Kevan Miller <ke...@gmail.com>
Reply-To: "legal-discuss@apache.org" <le...@apache.org>
Date: Monday, March 24, 2014 11:52 PM
To: "legal-discuss@apache.org" <le...@apache.org>
Subject: Re: File Headers
On 3/25/14 3:03 PM, "Alex Harui" <ah...@adobe.com> wrote:
>
>
>On 3/24/14 9:30 PM, "Alex Harui" <ah...@adobe.com> wrote:
>
>>I have a question about third-party source files as described in:
>>http://www.apache.org/legal/src-headers.html#3party
>>
>>Company A develops is a set of files that comprise version 1 of a
>>software
>>product.
>>The source code is made available under BSD.
>>Company B takes this source code and creates a whole new version.
>>New files are added.
>>Some of Company A's files are modified significantly.
>>Some of Company A's files are not modified at all.
>>
>>Company B donates the entire set of source code to Apache.
>
>Is this a contribution being accepted by a project? And coming in through
>the incubator's ip clearance process?
>http://incubator.apache.org/ip-clearance/index.html
Hmm. It appears that we have some paperwork to do. I'll follow up on
that on general@incubator
>
>Is company B contributing "their" code as ALv2?
Yes.
>
>
>>
>>Clearly, the new files get Apache Headers and Company B goes in the
>>NOTICE
>>file.
>Not enough information to evaluate that... Has Company B requested that
>they be in the NOTICE file?
Yes
>>I want to verify that we should not change the headers for Company A's
>>files that weren't modified.
>Examples/specifics might help... What changes do you want to make?
>
Replacing the header with the Apache header.
>In general:
>
>Don't change any copyright statements for Company A, unless you have
>explicit permission from A (or better for A to make the change,
>themselves). Don't alter/insert licensing information, either, since
>neither you nor B have the ability to relicense files that are copyright
>A.
>
>BTW, did B give you permission to move/remove their copyrights? Or is
>someone from B doing this?
>
We have permission from B.
>
>
>>And I want to understand what the options are for the files that were
>>significantly modified.
>>Is it the PMC's decision as to whether to change the header or are we
>>supposed to consult this list first?
>Are these files copyrighted by B? If not, then I don't see why you
>would/could change the header...
>
>
>
>>
>>Since in theory we cannot move Company A's copyright to the NOTICE file,
>>is there an option to put in the Apache Header and leave the Company A
>>header underneath or above it?
>This seems to imply that Company A's files are now ALv2. But that's not
>clear to me...
>
If a Company A file was modified so that most of the lines of code in that
file are now written by Company B, and B's work is under AL but A's work
is under BSD, do you still leave A's header/copyright in the file? IOW,
does it matter what percent of the file was done by A under BSD?
>
>>
>>Or is this not that hard of a question because we should leave Company
>>A's
>>header and put Company A and Company B in the NOTICE and since most of
>>the
>>code will have AL headers folks will read the NOTICE and realize there is
>>some mixing of licenses and copyrights in some of these files?
>So this seems to imply you will have a mix of BSD (company A) and ALv2
>(company B)?
>
>The LICENSE file (or files) would contain the applicable licenses (e.g.
>ALv2 and BSD). And furthermore, I'd expect the LICENSE to contain
>information on which files/directories are under each license. The NOTICE
>is a separate matter.
>
OK, so the LICENSE file is where we should make it more clear what files
are under what license.
Thanks,
-Alex
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Re: File Headers
Posted by Kevan Miller <ke...@gmail.com>.
On Mon, Mar 24, 2014 at 9:30 PM, Alex Harui <ah...@adobe.com> wrote:
> I have a question about third-party source files as described in:
> http://www.apache.org/legal/src-headers.html#3party
>
> Company A develops is a set of files that comprise version 1 of a software
> product.
> The source code is made available under BSD.
> Company B takes this source code and creates a whole new version.
> New files are added.
> Some of Company A's files are modified significantly.
> Some of Company A's files are not modified at all.
>
> Company B donates the entire set of source code to Apache.
>
Is this a contribution being accepted by a project? And coming in through
the incubator's ip clearance process?
http://incubator.apache.org/ip-clearance/index.html
Is company B contributing "their" code as ALv2?
>
> Clearly, the new files get Apache Headers and Company B goes in the NOTICE
> file.
>
Not enough information to evaluate that... Has Company B requested that
they be in the NOTICE file? Does their source code have a NOTICE file with
Company B in the NOTICE file? If not, then it's not obvious why company B
would go in the NOTICE file.
> I want to verify that we should not change the headers for Company A's
> files that weren't modified.
>
Examples/specifics might help... What changes do you want to make?
In general:
Don't change any copyright statements for Company A, unless you have
explicit permission from A (or better for A to make the change,
themselves). Don't alter/insert licensing information, either, since
neither you nor B have the ability to relicense files that are copyright A.
BTW, did B give you permission to move/remove their copyrights? Or is
someone from B doing this?
> And I want to understand what the options are for the files that were
> significantly modified.
>
> Is it the PMC's decision as to whether to change the header or are we
> supposed to consult this list first?
>
Are these files copyrighted by B? If not, then I don't see why you
would/could change the header...
>
> Since in theory we cannot move Company A's copyright to the NOTICE file,
> is there an option to put in the Apache Header and leave the Company A
> header underneath or above it?
>
This seems to imply that Company A's files are now ALv2. But that's not
clear to me...
>
> Or is this not that hard of a question because we should leave Company A's
> header and put Company A and Company B in the NOTICE and since most of the
> code will have AL headers folks will read the NOTICE and realize there is
> some mixing of licenses and copyrights in some of these files?
>
So this seems to imply you will have a mix of BSD (company A) and ALv2
(company B)?
The LICENSE file (or files) would contain the applicable licenses (e.g.
ALv2 and BSD). And furthermore, I'd expect the LICENSE to contain
information on which files/directories are under each license. The NOTICE
is a separate matter.
--kevan