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Posted to legal-discuss@apache.org by Juan Pablo Santos Rodríguez <ju...@gmail.com> on 2012/10/16 23:54:07 UTC

legal conditions regarding project website content

Hello all,

currently, at incubating JSPWiki we're considering moving
www.jspwiki.orginto apache infraestructure. However, we're not so sure
if that's possible
due to do the diversity of the contents held in there. Florian Holeczek
sent the e-mail below to general@i.a.o but maybe here we'll have an answer
faster.

What would be the appropiate path?

thanks in advance,
juan pablo


---------- Forwarded message ----------
From: Florian Holeczek <fl...@apache.org>
Date: Mon, Oct 15, 2012 at 8:31 AM
Subject: legal conditions regarding project website content
To: general@incubator.apache.org


Hi all,

in the JSPWiki project, we have an issue similar to the situation described
in [1].
The site www.jspwiki.org has always been the project's main page so far.
We're aware of the fact that, after graduation, jspwiki.apache.org will
have to be the project's main page (according to [2]). Such a page is
already existing at [3].

However, simply deleting all content from www.jspwiki.org and restarting
from scratch is not an option, because it would destroy so much useful
stuff around the project: www.jspwiki.org is a wiki containing information
on the one hand (HOWTOs, etc.), but also source code / artifacts on the
other hand (JSPWiki plugins, etc.). Typical of a public wiki, this stuff is
coming from various contributors, in many cases without any specifically
named license. This is why the wiki is stating "Copyright © 2009 individual
contributors.".
Will it be possible to host this wiki inside the Apache infrastructure,
too, or what to do here?

Best regards
 Florian

[1] http://markmail.org/message/nshmdsn3e5aklm4j
[2] http://www.apache.org/foundation/marks/pmcs.html#websites
[3] http://incubator.apache.org/jspwiki/

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Re: legal conditions regarding project website content

Posted by Juan Pablo Santos Rodríguez <ju...@gmail.com>.
Agh!!! Thought I had hit reply to all, cc'ing right now..

On Sat, Feb 16, 2013 at 9:43 PM, Shane Curcuru <as...@shanecurcuru.org> wrote:

> Note: please reply to the mailing list as well if you intend to include
> other folks - usually it's best to just reply on-list, rather than to
> individuals.  8-)
>
> For transferring the domain name, have the podling create a JIRA ticket in
> the INFRA queue with the details.  Then someone from Apache infrastructure
> can organize the domain transfer details (whatever their registrar
> requires) with the owner of the domain.
>
> Oh, and we should thank the domain owner for the donation too!
>
> - Shane
>
>
>
> On 2/16/2013 10:20 AM, Juan Pablo Santos Rodríguez wrote:
>
>> Hi Shane,
>>
>> some comments inline:
>>
>> On Sat, Feb 16, 2013 at 1:17 AM, Shane Curcuru <asf@shanecurcuru.org
>> <ma...@shanecurcuru.org>> wrote:
>>
>>
>>     A separate question: what kinds of content does the project plan to
>>     host at the jspwiki.org <http://jspwiki.org> domain name?  While
>>
>>     we're certainly happy if the domain name owner has chosen to donate
>>     it to the ASF, any official Apache project homepage must be at
>>     $projectname.apache.org <http://projectname.apache.org**>
>>
>>     http://www.apache.org/__**foundation/marks/pmcs.html#__**websites<http://www.apache.org/__foundation/marks/pmcs.html#__websites>
>>
>>     <http://www.apache.org/**foundation/marks/pmcs.html#**websites<http://www.apache.org/foundation/marks/pmcs.html#websites>
>> >
>>
>>
>> yes, absolutely. The idea is to move three wikis in there (www.j.o,
>> sandbox.j.o and doc.j.o) to apache infra, making www.jspwiki.org
>> <http://www.jspwiki.org> redirect to the project homepage.
>>
>>
>>
>>
>>     It would be fine to host additional content, or content focused at
>>     wikis or past releases in general at jspwiki.org
>>     <http://jspwiki.org> - but when Apache JSPWiki goes to a TLP, it's
>>     homepage needs to be at jspwiki.apache.org <http://jspwiki.apache.org
>> >
>>
>>
>>
>>
>>     As an unofficial aside, one issue is the principle of least
>>     surprise. All software products released from the ASF are available
>>     under the Apache license, unless clearly and specifically listed in
>>     a NOTICE or other file.  So while various bits of jspwiki.org
>>     <http://jspwiki.org> may have been available publicly in the past,
>>
>>     that doesn't meant that they're necessarily available under the
>>     Apache license or a directly compatible one.
>>
>>
>> That's our main concern. From a legal point of view, both sanbox and doc
>> could be safely transferred, as the first one wipes out all the content
>> every day, and the second one holds the official documentation, which is
>> copyrighted under the Creative Commons BY-3.0 License.
>>
>> The problem lies with the www site: creative commons wasn't invented
>> when jspwiki.org <http://jspwiki.org> started and, as noted here,
>>
>> "Copyright © 2009 individual contributors" isn't a valid copyright
>> notice. There's a lot of information in there and it would be a pity if
>> we wouldn't be able to migrate it, due to some sort of grayish area.
>>
>>
>> thanks for your time,
>> juan pablo
>>
>> oh! not directly related, but more thing: Janne Jalkannen (PMC, creator
>> of JSPWiki and owner of www.jspwiki.org <http://www.jspwiki.org>), is
>>
>> willing to transfer the domain to the ASF [#1]. Which are the required
>> steps to handle over the domain?
>>
>>
>>     Thanks,
>>     - Shane
>>
>>
>>
>>
>> [#1]: he has stated that a lot of times, being the last one
>> http://mail-archives.apache.**org/mod_mbox/incubator-**
>> jspwiki-dev/201302.mbox/%**3CA2027CFC-9849-4640-9BFE-**
>> 1051E7935B53@ecyrd.com%3E<http://mail-archives.apache.org/mod_mbox/incubator-jspwiki-dev/201302.mbox/%3CA2027CFC-9849-4640-9BFE-1051E7935B53@ecyrd.com%3E>
>>
>>
>>
>>
>>     On 2/10/2013 3:46 PM, Juan Pablo Santos Rodríguez wrote:
>>
>>         Hi legal (retaking an old thread..),
>>
>>         as part of a somewhat near release we're looking forward to host
>>         www.jspwiki.org <http://www.jspwiki.org>
>>         <http://www.jspwiki.org> inside apache infra [cfr. #1].
>>
>>         However, some legal concerns, noted at [#2], have been raised,
>>         so we're
>>         also considering to just begin with empty content
>>
>>         Below this e-mail is the last recommendation from legal (in [#3]
>> the
>>         beginning of the thread).
>>
>>         The situation is that there is some "uncopyrighted", or
>>         not-so-clearly
>>         copyrighted, content and we're unsure if can host it under
>>         apache infra.
>>         Would it be enough to add the suggested copyright notice in this
>>         thread
>>         ("Unless otherwise noted, contributions to this wiki", etc.) to
>>         perform
>>         the content migration?
>>
>>         The content to be migrated has always been publicly available
>>         through
>>         www.jspwiki.org <http://www.jspwiki.org>
>>         <http://www.jspwiki.org>, so it seems pretty unlikely to
>>
>>         me that we're going to have any legal issues because of this,
>>         ever. Of
>>         course given the case, we would retire the offending content, but
>> my
>>         point is that this content was meant and has been publicly
>> available
>>         from day zero..
>>
>>         thoughts?
>>
>>
>>         TIA!
>>
>>         [#1]: http://s.apache.org/YFA
>>         [#2]: http://s.apache.org/Gto
>>         [#3]: http://s.apache.org/Asl
>>
>>         On Sat, Oct 27, 2012 at 1:23 AM, Roy T. Fielding
>>         <fielding@gbiv.com <ma...@gbiv.com>
>>         <mailto:fielding@gbiv.com <ma...@gbiv.com>>> wrote:
>>
>>              On Oct 26, 2012, at 7:29 AM, Florian Holeczek wrote:
>>
>>               > Hi all,
>>               >
>>               > in the meantime, I've found the following at
>>         http://wiki.openoffice.org/__**wiki/OpenOffice.org_Wiki:__**
>> Copyrights<http://wiki.openoffice.org/__wiki/OpenOffice.org_Wiki:__Copyrights>
>>
>>         <http://wiki.openoffice.org/**wiki/OpenOffice.org_Wiki:**
>> Copyrights<http://wiki.openoffice.org/wiki/OpenOffice.org_Wiki:Copyrights>>
>> ,
>>              which is hosted inside the ASF infrastructure.
>>               >
>>               > ---
>>               > Portions of the OpenOffice.org Wiki are Copyright 1999,
>>         2010 by
>>              contributing authors and Oracle and/or its affiliates.
>>               > Sections or single pages of this wiki are covered by
>> certain
>>              licenses. If a license notice is displayed at a given wiki
>>         page, you
>>              may use the content of that page according to that license.
>>               > In all other cases, the page is licensed under the Apache
>>              License, Version 2.0 (ALv2).
>>               > In posting a new contribution, you are licensing that
>>              contribution under the Apache License, Version 2.0 (ALv2).
>>               > ---
>>               >
>>               > That sounds like a good way. So, I'll reword my original
>>         question
>>              a bit:
>>               >
>>               > Does anyone on this list see a problem with migrating
>>         the wiki
>>              content of www.jspwiki.org <http://www.jspwiki.org>
>>         <http://www.jspwiki.org> to the ASF
>>
>>              infrastructure while adding the following copyright notice?
>>               >
>>               > ---
>>               > Portions of this wiki are Copyright <OLDEST CONTRIBUTION
>>         DATE
>>              GOES HERE> - 2012 by individual contributors.
>>               > Sections or single pages of this wiki may be covered by
>>         certain
>>              licenses. If a license notice is displayed at a given wiki
>>         page, you
>>              may use the content of that page according to that license.
>>               > In all other cases, the page is licensed under the Apache
>>              License, Version 2.0 (ALv2).
>>               > In posting a new contribution, you are licensing that
>>              contribution under the Apache License, Version 2.0 (ALv2).
>>               > ---
>>
>>              IANAL, but I do not believe that
>>
>>                 Copyright © 2009 individual contributors.
>>
>>              is a valid copyright notice, nor do I see any reason to
>>         continue
>>              suggesting that it is.  The OpenOffice.org one is a
>>         reference to
>>              the joint copyright assignment, IIRC.
>>
>>              In other words, you can just say
>>
>>                 Unless otherwise noted, contributions to this wiki are
>>         licensed
>>                 to the Apache Software Foundation as contributions under
>> the
>>                 Apache License, version 2.0.
>>
>>              ....Roy
>>
>>         ------------------------------**__----------------------------**
>> --__---------
>>              To unsubscribe, e-mail:
>>         legal-discuss-unsubscribe@__ap**ache.org <http://apache.org>
>>         <ma...@apache.org>
>> >
>>              <ma...@apache.org>
>>
>>         <ma...@apache.org>
>> >>
>>
>>              For additional commands, e-mail:
>>         legal-discuss-help@apache.org <mailto:legal-discuss-help@**
>> apache.org <le...@apache.org>>
>>              <mailto:legal-discuss-help@__a**pache.org<http://apache.org>
>>         <ma...@apache.org>
>> >>
>>
>>
>>
>>
>>
>

Re: legal conditions regarding project website content

Posted by Shane Curcuru <as...@shanecurcuru.org>.
A separate question: what kinds of content does the project plan to host 
at the jspwiki.org domain name?  While we're certainly happy if the 
domain name owner has chosen to donate it to the ASF, any official 
Apache project homepage must be at $projectname.apache.org

   http://www.apache.org/foundation/marks/pmcs.html#websites

It would be fine to host additional content, or content focused at wikis 
or past releases in general at jspwiki.org - but when Apache JSPWiki 
goes to a TLP, it's homepage needs to be at jspwiki.apache.org


As an unofficial aside, one issue is the principle of least surprise. 
All software products released from the ASF are available under the 
Apache license, unless clearly and specifically listed in a NOTICE or 
other file.  So while various bits of jspwiki.org may have been 
available publicly in the past, that doesn't meant that they're 
necessarily available under the Apache license or a directly compatible 
one.

Thanks,
- Shane

On 2/10/2013 3:46 PM, Juan Pablo Santos Rodríguez wrote:
> Hi legal (retaking an old thread..),
>
> as part of a somewhat near release we're looking forward to host
> www.jspwiki.org <http://www.jspwiki.org> inside apache infra [cfr. #1].
> However, some legal concerns, noted at [#2], have been raised, so we're
> also considering to just begin with empty content
>
> Below this e-mail is the last recommendation from legal (in [#3] the
> beginning of the thread).
>
> The situation is that there is some "uncopyrighted", or not-so-clearly
> copyrighted, content and we're unsure if can host it under apache infra.
> Would it be enough to add the suggested copyright notice in this thread
> ("Unless otherwise noted, contributions to this wiki", etc.) to perform
> the content migration?
>
> The content to be migrated has always been publicly available through
> www.jspwiki.org <http://www.jspwiki.org>, so it seems pretty unlikely to
> me that we're going to have any legal issues because of this, ever. Of
> course given the case, we would retire the offending content, but my
> point is that this content was meant and has been publicly available
> from day zero..
>
> thoughts?
>
>
> TIA!
>
> [#1]: http://s.apache.org/YFA
> [#2]: http://s.apache.org/Gto
> [#3]: http://s.apache.org/Asl
>
> On Sat, Oct 27, 2012 at 1:23 AM, Roy T. Fielding <fielding@gbiv.com
> <ma...@gbiv.com>> wrote:
>
>     On Oct 26, 2012, at 7:29 AM, Florian Holeczek wrote:
>
>      > Hi all,
>      >
>      > in the meantime, I've found the following at
>     http://wiki.openoffice.org/wiki/OpenOffice.org_Wiki:Copyrights ,
>     which is hosted inside the ASF infrastructure.
>      >
>      > ---
>      > Portions of the OpenOffice.org Wiki are Copyright 1999, 2010 by
>     contributing authors and Oracle and/or its affiliates.
>      > Sections or single pages of this wiki are covered by certain
>     licenses. If a license notice is displayed at a given wiki page, you
>     may use the content of that page according to that license.
>      > In all other cases, the page is licensed under the Apache
>     License, Version 2.0 (ALv2).
>      > In posting a new contribution, you are licensing that
>     contribution under the Apache License, Version 2.0 (ALv2).
>      > ---
>      >
>      > That sounds like a good way. So, I'll reword my original question
>     a bit:
>      >
>      > Does anyone on this list see a problem with migrating the wiki
>     content of www.jspwiki.org <http://www.jspwiki.org> to the ASF
>     infrastructure while adding the following copyright notice?
>      >
>      > ---
>      > Portions of this wiki are Copyright <OLDEST CONTRIBUTION DATE
>     GOES HERE> - 2012 by individual contributors.
>      > Sections or single pages of this wiki may be covered by certain
>     licenses. If a license notice is displayed at a given wiki page, you
>     may use the content of that page according to that license.
>      > In all other cases, the page is licensed under the Apache
>     License, Version 2.0 (ALv2).
>      > In posting a new contribution, you are licensing that
>     contribution under the Apache License, Version 2.0 (ALv2).
>      > ---
>
>     IANAL, but I do not believe that
>
>        Copyright © 2009 individual contributors.
>
>     is a valid copyright notice, nor do I see any reason to continue
>     suggesting that it is.  The OpenOffice.org one is a reference to
>     the joint copyright assignment, IIRC.
>
>     In other words, you can just say
>
>        Unless otherwise noted, contributions to this wiki are licensed
>        to the Apache Software Foundation as contributions under the
>        Apache License, version 2.0.
>
>     ....Roy
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>     To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
>     <ma...@apache.org>
>     For additional commands, e-mail: legal-discuss-help@apache.org
>     <ma...@apache.org>
>
>


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Re: legal conditions regarding project website content

Posted by Juan Pablo Santos Rodríguez <ju...@gmail.com>.
Hi legal (retaking an old thread..),

as part of a somewhat near release we're looking forward to host
www.jspwiki.org inside apache infra [cfr. #1]. However, some legal
concerns, noted at [#2], have been raised, so we're also considering to
just begin with empty content

Below this e-mail is the last recommendation from legal (in [#3] the
beginning of the thread).

The situation is that there is some "uncopyrighted", or not-so-clearly
copyrighted, content and we're unsure if can host it under apache infra.
Would it be enough to add the suggested copyright notice in this thread
("Unless otherwise noted, contributions to this wiki", etc.) to perform the
content migration?

The content to be migrated has always been publicly available through
www.jspwiki.org, so it seems pretty unlikely to me that we're going to have
any legal issues because of this, ever. Of course given the case, we would
retire the offending content, but my point is that this content was meant
and has been publicly available from day zero..

thoughts?


TIA!

[#1]: http://s.apache.org/YFA
[#2]: http://s.apache.org/Gto
[#3]: http://s.apache.org/Asl

On Sat, Oct 27, 2012 at 1:23 AM, Roy T. Fielding <fi...@gbiv.com> wrote:

> On Oct 26, 2012, at 7:29 AM, Florian Holeczek wrote:
>
> > Hi all,
> >
> > in the meantime, I've found the following at
> http://wiki.openoffice.org/wiki/OpenOffice.org_Wiki:Copyrights , which is
> hosted inside the ASF infrastructure.
> >
> > ---
> > Portions of the OpenOffice.org Wiki are Copyright 1999, 2010 by
> contributing authors and Oracle and/or its affiliates.
> > Sections or single pages of this wiki are covered by certain licenses.
> If a license notice is displayed at a given wiki page, you may use the
> content of that page according to that license.
> > In all other cases, the page is licensed under the Apache License,
> Version 2.0 (ALv2).
> > In posting a new contribution, you are licensing that contribution under
> the Apache License, Version 2.0 (ALv2).
> > ---
> >
> > That sounds like a good way. So, I'll reword my original question a bit:
> >
> > Does anyone on this list see a problem with migrating the wiki content
> of www.jspwiki.org to the ASF infrastructure while adding the following
> copyright notice?
> >
> > ---
> > Portions of this wiki are Copyright <OLDEST CONTRIBUTION DATE GOES HERE>
> - 2012 by individual contributors.
> > Sections or single pages of this wiki may be covered by certain
> licenses. If a license notice is displayed at a given wiki page, you may
> use the content of that page according to that license.
> > In all other cases, the page is licensed under the Apache License,
> Version 2.0 (ALv2).
> > In posting a new contribution, you are licensing that contribution under
> the Apache License, Version 2.0 (ALv2).
> > ---
>
> IANAL, but I do not believe that
>
>   Copyright © 2009 individual contributors.
>
> is a valid copyright notice, nor do I see any reason to continue
> suggesting that it is.  The OpenOffice.org one is a reference to
> the joint copyright assignment, IIRC.
>
> In other words, you can just say
>
>   Unless otherwise noted, contributions to this wiki are licensed
>   to the Apache Software Foundation as contributions under the
>   Apache License, version 2.0.
>
> ....Roy
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
>
>

Re: legal conditions regarding project website content

Posted by "Roy T. Fielding" <fi...@gbiv.com>.
On Oct 26, 2012, at 7:29 AM, Florian Holeczek wrote:

> Hi all,
> 
> in the meantime, I've found the following at http://wiki.openoffice.org/wiki/OpenOffice.org_Wiki:Copyrights , which is hosted inside the ASF infrastructure.
> 
> ---
> Portions of the OpenOffice.org Wiki are Copyright 1999, 2010 by contributing authors and Oracle and/or its affiliates.
> Sections or single pages of this wiki are covered by certain licenses. If a license notice is displayed at a given wiki page, you may use the content of that page according to that license.
> In all other cases, the page is licensed under the Apache License, Version 2.0 (ALv2).
> In posting a new contribution, you are licensing that contribution under the Apache License, Version 2.0 (ALv2). 
> ---
> 
> That sounds like a good way. So, I'll reword my original question a bit:
> 
> Does anyone on this list see a problem with migrating the wiki content of www.jspwiki.org to the ASF infrastructure while adding the following copyright notice?
> 
> ---
> Portions of this wiki are Copyright <OLDEST CONTRIBUTION DATE GOES HERE> - 2012 by individual contributors.
> Sections or single pages of this wiki may be covered by certain licenses. If a license notice is displayed at a given wiki page, you may use the content of that page according to that license.
> In all other cases, the page is licensed under the Apache License, Version 2.0 (ALv2).
> In posting a new contribution, you are licensing that contribution under the Apache License, Version 2.0 (ALv2). 
> ---

IANAL, but I do not believe that

  Copyright © 2009 individual contributors.

is a valid copyright notice, nor do I see any reason to continue
suggesting that it is.  The OpenOffice.org one is a reference to
the joint copyright assignment, IIRC.

In other words, you can just say

  Unless otherwise noted, contributions to this wiki are licensed
  to the Apache Software Foundation as contributions under the
  Apache License, version 2.0.

....Roy
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Re: legal conditions regarding project website content

Posted by Florian Holeczek <fl...@apache.org>.
Hi all,

in the meantime, I've found the following at http://wiki.openoffice.org/wiki/OpenOffice.org_Wiki:Copyrights , which is hosted inside the ASF infrastructure.

---
Portions of the OpenOffice.org Wiki are Copyright 1999, 2010 by contributing authors and Oracle and/or its affiliates.
Sections or single pages of this wiki are covered by certain licenses. If a license notice is displayed at a given wiki page, you may use the content of that page according to that license.
In all other cases, the page is licensed under the Apache License, Version 2.0 (ALv2).
In posting a new contribution, you are licensing that contribution under the Apache License, Version 2.0 (ALv2). 
---

That sounds like a good way. So, I'll reword my original question a bit:

Does anyone on this list see a problem with migrating the wiki content of www.jspwiki.org to the ASF infrastructure while adding the following copyright notice?

---
Portions of this wiki are Copyright <OLDEST CONTRIBUTION DATE GOES HERE> - 2012 by individual contributors.
Sections or single pages of this wiki may be covered by certain licenses. If a license notice is displayed at a given wiki page, you may use the content of that page according to that license.
In all other cases, the page is licensed under the Apache License, Version 2.0 (ALv2).
In posting a new contribution, you are licensing that contribution under the Apache License, Version 2.0 (ALv2). 
---

Thanks and regards
 Florian Holeczek

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