At 17:34 24.10.2002 -0400, you wrote:
On Thu, 24 Oct 2002, Ceki [iso-8859-1] Gülcü wrote: > Isn't the whole point of the sandbox the ability to play? If someone > has not put a copyright on their code while playing, we should not > bother them but let them continue to play undisturbed. Except the sandbox is published online in a view-cvs. Does this constitute a legal publication of code? Does it need to be sufficiently licensed?
I don't think view-cvs matters because the code is also accessible through anon-cvs. The real question is whether we are violating any IP laws. For example, if committer xyz places code belonging to some big corporation without permission, that corporation can sue Apache. The fact that the code is publicly available through Apache makes it obviously worse. The sandbox could be warez if no one ever checked, actually that is true for all Apache projects, not just the sandbox. If you think of it, the release restriction of the sandbox does not really protect the ASF in case of litigation. There are many ways of violating IP law. The ASF makes every effort in ensuring that it complies with existing laws. It trusts contributors to only submit code to which they are legally entitled. The contributor agreement plays an important role in this. It is attached for your reference. AFAIK, all committers are required to send it to the ASF secretary at the time their commit access was granted.
Is it okay for it to be unlicensed just as long as it's not licensed or copyrighted to someone other than Apache? Should the ViewCvs contain some kind of note saying that all code is copyright Apache unless otherwise stated?
That would not be legal. If it were, we could for example put Windows XP in CVS and declare that it is ours to distribute free of charge.
I'd like to make a statement that isn't a question, but can't think of anything :)
Unanswered questions seem to be an inherent part of IP law.
Hen
-- Ceki TCP implementations will follow a general principle of robustness: be conservative in what you do, be liberal in what you accept from others. -- Jon Postel, RFC 793
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