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From Niclas Hedhman <>
Subject Re: What to do with FTPServer and AltRMI
Date Wed, 03 Nov 2004 19:36:24 GMT
On Thursday 04 November 2004 02:11, Stefano Mazzocchi wrote:

> > What about code that was contributed during Incubation?
> They would have to obtain a license from the ASF to use that code, or,
> in alternative, a license from each invididual contributor. Since that
> license comes along with the files, if they like that license, they are
> set.

In fact, the ASL/CLA combo is a bit ambigous on these points as well, since it 
basically says; 
1. The Copyright *owner* of any work is the producer of the Original Work.
2. Any contributor agrees that each and every part of contribution to the 
Original Work, becomes part of the Original Work.

= I don't own my patches.

The ambiguities arises from 'what scope' is Original Work. Is it a single 
file? Is it more or is it less?
Assuming it is a single file, in Aaron's example the JExample team could 
easily look at which files they originally contributed into the Incubator, 
and extract them back out and re-license without any additional assignments 
from other contributors. 
If an entire project is considered Original Work (as is the case in Sun's 
licensing, which may or may not be relevant), then the entire project is 
could be re-licensed.
If it is 'less-than-a-file', it would be interesting to see how such 
definition is made.

To make the case even more complicated, since the CLA covers the (2.) above, 
patches arriving from non-ASF committers are also "in limbo", since such 
contributor could say "I only contributed because it was ASL", and so on.

And OTOH, although right should be right, I doubt it would ever be tried in 
court, and would I care if someone used a few hundred lines of my code 
without giving me credit or licensing it as GPL which I hate?? I wouldn't. 
Someone else with bigger ego than me maybe.

  /        /
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