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Posted to legal-discuss@apache.org by "Henri Yandell (JIRA)" <ji...@apache.org> on 2015/05/18 02:47:00 UTC

[jira] [Closed] (LEGAL-59) Is the BSD License a NOTICE for the purposes of 3rd party licensing policy?

     [ https://issues.apache.org/jira/browse/LEGAL-59?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel ]

Henri Yandell closed LEGAL-59.
------------------------------
    Resolution: Fixed

Closing as licensing-howto.html#mod-notice appears to cover this now:

"Copyright notifications which have been relocated from source files (rather than removed) must be preserved in NOTICE. However, elements such as the copyright notifications embedded within BSD and MIT licenses need not be duplicated in NOTICE -- it suffices to leave those notices in their original locations."

> Is the BSD License a NOTICE for the purposes of 3rd party licensing policy?
> ---------------------------------------------------------------------------
>
>                 Key: LEGAL-59
>                 URL: https://issues.apache.org/jira/browse/LEGAL-59
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Robert Burrell Donkin
>            Assignee: Robert Burrell Donkin
>              Labels: Resolved.html
>         Attachments: bsd.patch
>
>
> BSD license family template [1] includes the clause:
> * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
> My reading is that this means that the complete license [1] must be reproduced when a binary is included within an Apache release
> This leads to the question: is the BSD License a NOTICE for the purposes of 3rd party licensing policy?
> Robert
> [1]
> Copyright (c) <YEAR>, <OWNER>
> All rights reserved.
> Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
>     * Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
>     * Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
>     * Neither the name of the <ORGANIZATION> nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission.
> THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.



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