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Posted to legal-discuss@apache.org by "Kevan Miller (Commented) (JIRA)" <ji...@apache.org> on 2011/12/06 22:21:40 UTC

[jira] [Commented] (LEGAL-118) What is the definition of a "third-party" work?

    [ https://issues.apache.org/jira/browse/LEGAL-118?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13163859#comment-13163859 ] 

Kevan Miller commented on LEGAL-118:
------------------------------------

Here's the opinion that I gave on general@incubator:

The parties are the ASF, not the TLPs. However, that doesn't mean you can completely ignore TLP B's NOTICE file. 

TLP B's NOTICE file should contain the notice information for TLP B followed by the required information for B's third-party works. 

TLP A's NOTICE does not need to (or should not) include the notice information for TLP B (we're all part of the ASF), but TLP A's NOTICE does need to include the third-party information from TLP B's NOTICE file.

Concretely, assume this is TLP B's NOTICE:

  Apache B
  Copyright 2011 The Apache Software Foundation

  This product includes software developed by
  The Apache Software Foundation (http://www.apache.org/).

  Portions of this software were developed by the Foo project at http://foo.org

The portion of this NOTICE relevant to TLP A is the information about the Foo project. TLP A's NOTICE file need not mention TLP B, but does need to mention Foo (assuming your embedding of B includes Foo). If it's obvious that the Foo does not apply to your use of B (i.e. Foo is used for a C client that is not used by the java-based TLP A), then you need not mention Foo.

Assuming Foo is relevant, A's NOTICE would be:

  Apache A
  Copyright 2011 The Apache Software Foundation

  This product includes software developed by
  The Apache Software Foundation (http://www.apache.org/).

  Portions of this software were developed by the Foo project at http://foo.org
                
> What is the definition of a "third-party" work?
> -----------------------------------------------
>
>                 Key: LEGAL-118
>                 URL: https://issues.apache.org/jira/browse/LEGAL-118
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Patrick Hunt
>
> In attempting to conform to the following:
> http://www.apache.org/legal/resolved.html#required-third-party-notices
> it's not clear to me what the definition of a "third party work" is, specifically in reference to Apache projects that build on each other. A concrete example:
> Apache TLP "A" contains a jar file developed by Apache TLP "B". Is A required to treat B as a "third-party"? In other words, are all Apache projects "first party", and non-Apache projects "third party"?
> I've looked at both of the following w/o finding an answer to my question:
> http://www.apache.org/legal/resolved.html
> http://apache.org/licenses/LICENSE-2.0

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