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Re: Users - Apache License - Copyright Ownership

Posted by davidnwelton on Dec 11, 2005; 9:39am
URL: http://ofbiz.116.s1.nabble.com/Users-Apache-License-Copyright-Ownership-tp136703p136705.html

Hi Cliff - this question looks like something in your bailiwick, if
you had a moment to answer a few questions about Apache licensing.

I'm not sure how this list handles non-subscriber posts, but if you CC
me, I'll make sure it gets through in one way or another.

Thanks,
Dave

On 12/11/05, David Garrett <[hidden email]> wrote:

> David,
>
> I would like to clarify an issue I have seen you refer to several times. Can
> we get some assistance here from the ASF's V.P., Legal Affairs Cliff
> Schmidt?
>
> You wrote in a recent reply to Chris Howe :
>
> ===============David Jones wrote:
>
> On the licensing issue... In general all artifacts in OFBiz _should_ have
> one and only one copyright notice for "The Open For Business Project", and
> to make it clear we put the URL in there too. The implication is that the
> copyright is assigned to the project, however this has not been explicit in
> the past. If/when we move to Apache the copyright will be owned by the ASF
> and it will be explicit that all copyrights of contributions are assigned to
> the ASF.
> ===
>
> You seem to suggest that there is assignment of the ownership of the
> copyright.
>
> My understanding that in general(or at least in many cases) the copyright
> remains with the initial contributor and what is granted (currently by
> implication) is a *licence* to use the copyright. The key distinction being
> licencing rights and assignment of copyright. Licencing rights according to
> MIT or ASF transfers sufficiently flexible set of rights we all have been
> happily enjoying for some time. At the same time I understand that the
> original copyright creator retains that copyright and may even licence that
> copyright under different terms eg GPL or restrictive commercial.
>
> I have included below 2 significant clauses from the ASF Individual
> Contributor's License:
>
>
> This license is for your protection as a Contributor as well as the
> protection of the Foundation and its users; it does not change your rights
> to use your own Contributions for any other purpose.
>
>
> 2. 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.
>
>
> ...
> In my legal juridiction copyright transfer (generally)needs to be by
> specific assignment. These licence clauses from contributors are sufficient
> to resolve the usage rights of ASF projects, even without assignment of
> copyright ... At least for me :)
>
> David G
>
>
>
>
> _______________________________________________
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> [hidden email]
> http://lists.ofbiz.org/mailman/listinfo/users
>


--
David N. Welton
 - http://www.dedasys.com/davidw/

Linux, Open Source Consulting
 - http://www.dedasys.com/
 
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