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Posted to legal-discuss@apache.org by "Bertrand Delacretaz (Jira)" <ji...@apache.org> on 2021/05/04 08:05:00 UTC
[jira] [Comment Edited] (LEGAL-566) Clarify use of Apache naming on
incompatible Apache derived licenses
[ https://issues.apache.org/jira/browse/LEGAL-566?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=17338834#comment-17338834 ]
Bertrand Delacretaz edited comment on LEGAL-566 at 5/4/21, 8:04 AM:
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I like the simplification! Here's another proposal that stresses the fact that any modification results in a new license:
h3. Suggestion for new FAQ answer at https://www.apache.org/foundation/license-faq.html#mod-license
bq. You are allowed to re-use and modify it. But if you do that you are on your own from a legal point of view, and the result is NOT the Apache License anymore, just a new license inspired from ours. This means that the terms 'Apache License', 'Apache', or any similar references to the ASF can not appear in your license, other than to state that your version differs from the original. Also, you cannot use 'Apache' in the name of the modified license (*). Creating a new license is not a trivial thing and we recommend that you get your own legal advice if you do that.
bq. (*) People have used names like "Apache License with such-and-such clause" in the past, which we do not allow as they can cause confusion. Don't do that.
was (Author: bdelacretaz):
I like the simplification! Here's another proposal that stresses the fact that any modification results in a new license:
bq. You are allowed to re-use and modify it. But if you do that you are on your own from a legal point of view, and the result is NOT the Apache License anymore, just a new license inspired from ours. This means that the terms 'Apache License', 'Apache', or any similar references to the ASF can not appear in your license, other than to state that your version differs from the original. Also, you cannot use 'Apache' in the name of the modified license (*). Creating a new license is not a trivial thing and we recommend that you get your own legal advice if you do that.
bq. (*) People have used names like "Apache License with such-and-such clause" in the past, which we do not allow as they can cause confusion. Don't do that.
> Clarify use of Apache naming on incompatible Apache derived licenses
> --------------------------------------------------------------------
>
> Key: LEGAL-566
> URL: https://issues.apache.org/jira/browse/LEGAL-566
> Project: Legal Discuss
> Issue Type: Task
> Components: Document
> Reporter: Ismaël Mejía
> Priority: Major
>
> We have seen the increase of licenses derived on the Apache license that include words that are incompatible with the original Apache license for example "Apache 2.0 with Commons Clause". LEGAL-402 made Commons Clause part of the Category X licenses so incompatible.
> We should clarify that incompatible changes in terms can no longer be called Apache license.
> [Related discussion on members@ mailing list|https://lists.apache.org/thread.html/rec2e597ec347417f9ee3a9de91553c52dbe44b04f5abdb231386c477%40%3Cmembers.apache.org%3E]
>
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