Pardon me from jumping in but... Roman's original question was:

>
>
>
> *For example, what would be the legal basis for stopping a 3d party from
> releasing a snapshot of ASF's project source tree and claim it to be a
> release X.Y.Z of said project?*
>

So he was asking about someone taking what ASF calls a "snapshot" and
making a release out of it, claiming that it is a release of the same
project. I am also not sure if he meant "SNAPSHOT" in the Maven sense, or
just the state of the project's source repository at a specific moment in
time.

And when Jim said:

>
> *A snapshot is not a release. Licenses "kick in" at distribution/ release.*
>

Jim might have been meaning "SNAPSHOT" and "RELEASE" in the Maven sense.

This is all just my speculation but I thought it might clarify some
misunderstanding.

Thanks...
- Ajoy

On Thu, Aug 20, 2015 at 11:15 AM, Alex Harui <aha...@adobe.com> wrote:

>
>
> On 8/20/15, 9:26 AM, "Benson Margulies" <bimargul...@gmail.com> wrote:
>
> >
> >However, a quick search reveals that there are precisely zero
> >occurrences of the word 'release' in version 2.0 of the Apache
> >License.
> >
> >So, I don't know what Jim meant by 'licenses kick in at release', but
> >my view is that putting source in a public Subversion server or git
> >repo is a publication in the legal sense, and that the Foundation
> >grants the Apache license to that content, since we nowhere
> >communicate that we grant some other (lack of) license until the point
> >of release. To me, the plain sense of Jim's phrase is that, somehow,
> >the AL does not apply until there's a release, and I can't make heads
> >or tails of that.
>
> I assumed Jim meant that the public should not feel certain that the AL
> header is correct on items found in the repo, but should feel more certain
> it is correct for files in a release, since, supposedly, a bit more
> scrutiny about the headers happened in creating the release.
>
> IIRC, one of my employer’s lawyers said that the AL applies to any code
> written to be under AL whether it has the header or not.  Headers are a
> convenient signpost, but are not required to connect licensing and
> copyright to lines of code.
>
> -Alex
>
>

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