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Posted to legal-discuss@apache.org by "Craig L Russell (Jira)" <ji...@apache.org> on 2021/01/29 18:36:00 UTC
[jira] [Commented] (LEGAL-559) Questions about "derivative works"
in the second clause of CCLA
[ https://issues.apache.org/jira/browse/LEGAL-559?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=17275247#comment-17275247 ]
Craig L Russell commented on LEGAL-559:
---------------------------------------
Grant of Copyright License. Subject to the terms and conditions of this Agreement, You hereby grant to the Foundation and to recipients of software distributed by the Foundation a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, *prepare derivative works of*, publicly display, publicly perform, sublicense, and distribute Your Contributions and *such derivative works*.
"such derivative works" refers to the immediately preceding "prepare derivative works of". So as I understand this, commercial works are derivative works that the CCLA grantor specifically grants a license to.
In other words, if a commercial company makes a product that uses the Apache product, the CCLA specifically grants a license to that commercial company for the contributions made by the CCLA grantor.
> Questions about "derivative works" in the second clause of CCLA
> ---------------------------------------------------------------
>
> Key: LEGAL-559
> URL: https://issues.apache.org/jira/browse/LEGAL-559
> Project: Legal Discuss
> Issue Type: Task
> Reporter: Ming Wen
> Priority: Major
>
> hello, ASF legal team,
> I am Ming Wen, PMC chair of Apache APISIX.
> In the last part of the second clause in the CCLA(https://www.apache.org/licenses/cla-corporate.pdf), "derivative works" is mentioned. I want to confirm whether the commercial products developed based on the Apache project belong to "derivative works"?
> In my understanding, it is not a derivative works.
> So should the "derivative works" here mean "derivative Work", so that the expression will be more clear?
> thanks.
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