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From "Robert Burrell Donkin" <robertburrelldon...@gmail.com>
Subject Re: LICENSE/NOTICE/policies/ASF/law (Was: [jsieve] Any more TODO before 0.2 release?)
Date Sat, 21 Jun 2008 07:19:56 GMT
On Fri, Jun 20, 2008 at 5:04 PM, Stefano Bagnara <apache@bago.org> wrote:
> Robert Burrell Donkin ha scritto:
>>
>> On 6/20/08, Stefano Bagnara <apache@bago.org> wrote:
>>>
>>> Let me change my example: how it is defined that "the NOTICE file
>>> distributed with this work" is one very file between the hundreds of
>>> NOTICE files being in our svn?
>>>  From "distributed with" to "in the first parent folder of the
>>> distribution" there is creativity...
>>
>> Because it's clearly marked NOTICE
>
> I meant we have hundreds of files clearly marked NOTICE in our svn
> repository. They all are named NOTICE.. the only thing that link each NOTICE
> to each other random file is some folder relationship.
>
> I understand you say the right NOTICE is the first one you find if you go up
> in the folder structure from the file you are interested in... but this is
> not written anywhere... so that's why I don't think this "NOTICE file in
> SVN" solve any issue.

AIUI when the AL2.0 was framed this issue was considered. i don't
propose to go back to the archives but here's my personal
understanding FWIW

any legal system based on English common law (which means the English
speaking world: please let's not get into the enforcability of english
licenses in other jurisdictions) has a concept of reasonableness. PMC
direct uses to check out projects from the top level containing the
NOTICE. the most reasonable interpretation is that this NOTICE is the
one referred to.

but this is missing the point: you're thinking about enforcement and
actionability which is not necessarily a major goal. apache is a
charity and produces software for the public good. apache asks that
users of our software give a small amount of credit by distributing a
NOTICE file. this is a very minor burden and so the cost of any action
is likely to be many orders of magnitudes bigger than the cost of
compliance.

- robert

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