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From Ralph Goers <>
Subject Re: [VOTE] Release Apache ManifoldCF 0.1
Date Sat, 08 Jan 2011 15:56:27 GMT

On Jan 8, 2011, at 7:24 AM, Karl Wright wrote:

> I've made the 2011 change already.  But I'm having trouble reconciling
> your instructions with this part of the Apache license:
>      (d) If the Work includes a "NOTICE" text file as part of its
>          distribution, then any Derivative Works that You distribute must
>          include a readable copy of the attribution notices contained
>          within such NOTICE file, excluding those notices that do not
>          pertain to any part of the Derivative Works, in at least one
>          of the following places: within a NOTICE text file distributed
>          as part of the Derivative Works; within the Source form or
>          documentation, if provided along with the Derivative Works; or,
>          within a display generated by the Derivative Works, if and
>          wherever such third-party notices normally appear. The contents
>          of the NOTICE file are for informational purposes only and
>          do not modify the License. You may add Your own attribution
>          notices within Derivative Works that You distribute, alongside
>          or as an addendum to the NOTICE text from the Work, provided
>          that such additional attribution notices cannot be construed
>          as modifying the License.
> <<<<<<
> To the best of my knowledge, both remaining proposed NOTICE clauses
> come from a NOTICE file or the equivalent in the source work.  The
> meaning of "Derivative Work" is obviously what the question is - does
> inclusion imply derivation?  Because, we are including it.

The confusion is understandable. The Free Software Foundation's definition of derivative work
would probably apply to anything that is included to create the larger work. We aren't the
Free Software Foundation. IAround here you will find the definition of derivative work to
mean that you have taken the original work and made changes to it - regardless of any other
code that might use the included work.  So if you are just including a jar and using the interfaces
it exposes then yours is not a derivative work of the first.

At the beginning of the Apache License you will find the definition of derivative work 

"Derivative Works" shall mean any work, whether in Source or Object form, that is based on
(or derived from) the Work and for which the editorial revisions, annotations, elaborations,
or other modifications represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain separable from, or merely
link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.

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