[jira] [Commented] (LEGAL-471) Propose process for reviewing fair-use

["Henri Yandell (Jira)" <ji...@apache.org>]

    [ https://issues.apache.org/jira/browse/LEGAL-471?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16920570#comment-16920570 ] 

Henri Yandell commented on LEGAL-471:
-------------------------------------

In FAQ form:

Qn: Can we use this piece of code I found on <StackOverflow/Wikipedia/a book/The Internet>?
Ans: You (the project PMC) should conduct a fair-use review. Open a LEGAL JIRA issue to record this and for any feedback from the Legal Committee. Once feedback is provided and the issue positively resolved, you can commit the code providing you include documentation on the fair-use review with the code. 

== Conducting a fair-use review ==

Identify the portion of the original material that will appear within the ASF code. For each piece of code it should be true that the code is not expressive. That is, that it's either the standard idiom in the language or there is only one way to implement the functionality in that language. 

It should also be true that the structure of the code is not expressive in some way. A collection of otherwise fair-use code snippets ordered by some aspect could be a concern if that aspect were considered expressive. 

If you are unsure, remember that you can always try to contact the author to ask if we can include the code snippet. A good approach would be:

"We'd like to include this code snippet in an Apache project. Would it be okay for us and our users to use this under the Apache License, 2.0?"

== Documenting a fair-use review ==

In both the source code and the LICENSE file, cite (include a link) the original location of the source used, and include a link to the Jira issue for the fair-use review.

Source example:

// This non-expressive code provided at <https://link>
// Fair-use review: [https://issues.apache.org/jira/LEGAL/LEGAL-xyz]

LICENSE example:

// File <filepath/filename> includes non-expressive code provided at <https://link>
// Fair-use review: [https://issues.apache.org/jira/LEGAL/LEGAL-xyz] 

> Propose process for reviewing fair-use
> --------------------------------------
>
>                 Key: LEGAL-471
>                 URL: https://issues.apache.org/jira/browse/LEGAL-471
>             Project: Legal Discuss
>          Issue Type: Task
>            Reporter: Henri Yandell
>            Priority: Major
>
> For example, if someone has a concern about using something from Stackoverflow, we would have a defined process to a) determine whether or not using it is fair-use, and b) marking that review as having happened in the source code.



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