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From "Michael Martin (Legal)" <mfmar...@verizonmedia.com.INVALID>
Subject Re: [VOTE] Release Apache DataSketches-java 1.3.0-incubating-RC1
Date Thu, 07 May 2020 14:57:25 GMT
Justin:

Thank you for the pointers.  That's very helpful.  And it appears that we
have clarity and consensus on how to do this!

We will keep the Verizon Media copyright listed in the NOTICE file, but
close it in 2019, when the project joined the incubator.

But since we have gone this deep, I might as well raise another question
for clarification.  For the reasons previously pointed out, contributors
(meaning everybody, not just Verizon Media contributors) don't actually
assign copyright in their contributions.  So the notice of Apache Software
Foundation copyright is still a bit of a puzzle.

The only idea I have for reconciling the NOTICE policy (which expressly
calls for notice of ASF copyright) with the fact that contributors retain
ownership of copyright in their work is that copyright could be claimed in
the collection of compilation of those contributions, which would be
considered derivative works.  Because the Apache 2.0 license expressly
grants permission to prepare derivative works, it implicitly allows the
preparers of those derivative works to own copyright in those derivative
works.

Is that the basis for the Apache Software Foundation copyright claim in the
NOTICE file?

Thank you for taking the time to help us understand the policy and get this
right.



On Thu, May 7, 2020 at 6:29 AM leerho <leerho@gmail.com> wrote:

>
>
> ---------- Forwarded message ---------
> From: Justin Mclean <justin@classsoftware.com>
> Date: Thu, May 7, 2020 at 1:10 AM
> Subject: Re: [VOTE] Release Apache DataSketches-java 1.3.0-incubating-RC1
> To: <general@incubator.apache.org>
>
>
> Hi,
>
> > So the NOTICE, to the extent that it intended to provide
> > accurate notice of who is the copyright owner, is still accurate in
> > referring to Verizon Media.
>
> That is not the purpose of NOTICE. You do not list all of the copyright
> holders in it. I’ve voted -1 on releases that have done this. You list only
> the copyright notices that have been relocated from existing files, usually
> via a software grant. Those copyrights would have had a year associated
> with them which would normally be <= year when the donation was made. Note
> that this is ASF policy on NOTICE files [1]
>
> > and so long as their contributions are made in a given year, it is
> accurate to list that year.
>
> Again see ASF policy on NOTICE files [1]
>
> > While not perfectly accurate, this compromise
> > would simultaneously avoid some of the confusion we've seen raised here
> > *and* the need to make constant updates to the NOTICE file.  I'd be
> > amenable to that compromise personally.
>
> That sounds fine to me and inline with ASF policy and intent.
>
> Thanks,
> Justin
>
> 1. https://www.apache.org/legal/src-headers.html#notice
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>


-- 
<http://www.verizonmedia.com>

Michael F. Martin

Associate General Counsel

+1 408-349-4106
Sunnyvale, California

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