Apache LICENSE (fwd)

[Rob Hartill <ha...@hyperreal.com>]

Forwarded message:
> From quinlan@yggdrasil.com  Mon Jul  3 16:10:24 1995
> Message-Id: <m0...@adam.yggdrasil.com>
> Date: Mon, 3 Jul 95 16:04 PDT
> From: Daniel Quinlan <qu...@yggdrasil.com>
> To: apache-bugs@mail.apache.org
> Cc: quinlan@yggdrasil.com
> Subject: Apache LICENSE
> Reply-To: quinlan@yggdrasil.com
> 
> Hello.
> 
> This message is regarding the LICENSE that appears with the Apache 0.6.5
> distribution.
> 
> My employer company, Yggdrasil Computing, distributes a free version of
> the Linux operating system on CD-ROM.  All of the software that we include
> is free, meaning that source code is included and that (excessive)
> restrictions are not made on the modification, use, or sale of the
> software.
> 
> > Permission is hereby granted to anyone to redistribute Apache under the
> > "Apache" name. We do not grant permission for the resale of Apache, but
> > we do grant permission for vendors to bundle Apache free with other
> > software, or to charge a reasonable price for redistribution, provided
> > it is made clear that Apache is free. Permission is also granted for
> > vendors to sell support for for Apache. We explicitly forbid the
> > redistribution of Apache under any other name.
> 
> Unfortunately, the stipulation that we may only charge a "reasonable
> price" or distribute it with other software is somewhat outside of the
> range of software copying terms that our policy permits us support, test,
> and sell.  I'm writing to ask if that could be changed since we are
> considering replacing NCSA httpd with the Apache server, but cannot do so
> under the current license.
> 
> I understand the intent behind the Apache license, but I feel that other
> licenses may do a better job of legally protecting the Apache Group and
> keep the price low.  One license that would accomplish the same goal is
> the GNU General Public License, which also prevents proprietary extensions
> of software from becoming not free.
> 
> Would it be possible to alter the license in future revisions to clarify
> the license and/or remove the "reasonable price" restriction?  Yggdrasil's
> prices are *very* reasonable, but not because we distribute software that
> has "reasonable price" restrictions -- it's because we have lots of
> competitors due to the extent to which the GPL and similar licenses are
> used by the Linux community.
> 
> Other notes on the license:
> 
> > Reuse of "Apache Group" code outside of the Apache distribution should
> > be acknowledged with the following quoted text, to be included with any
> > new work;
> 
> I'm no lawyer, but I am almost certain that "should" has no firm legal
> meaning.
> 
> You might also want to make use of a more well-tested legal disclaimer
> paragraph, such as the one used by the GNU GPL or BSD software.
> 
> Regards,
> 
>  Dan
> 
> --
> Daniel.Quinlan@linux.org         Member of the League for Programming Freedom
> 

Re: Apache LICENSE (fwd)

[Brian Tao <ta...@gate.sinica.edu.tw>]

> Forwarded message:
> > From quinlan@yggdrasil.com  Mon Jul  3 16:10:24 1995
> > 
> > I understand the intent behind the Apache license, but I feel that other
> > licenses may do a better job of legally protecting the Apache Group and
> > keep the price low.  One license that would accomplish the same goal is
> > the GNU General Public License, which also prevents proprietary extensions
> > of software from becoming not free.

    I'm no legal expert, and I don't even understand all of the GPL,
but from other discussions, I get the feeling that it introduces many
headaches, and that a BSD/UCB-style copyright would be a better idea.
GPL wants to be the exclusive licensing agreement, so if you include
any GPL source code in your product, everythign else that ships with
it must also fall under GPL.  Or something silly like that.  That may
become a factor if Apache incorporates code under different copyrights
and distribution agreements.
-- 
Brian ("Though this be madness, yet there is method in't") Tao
taob@gate.sinica.edu.tw <-- work ........ play --> taob@io.org