Hi Larry,

On 17.08.2015, at 21:20, Lawrence Rosen <lro...@rosenlaw.com> wrote:

> <snip>
> 
> But then that Policy makes the following strange explanation for Category B 
> and its enforcement conditions at ASF: "By including only the object/binary 
> form, there is less exposed surface area of the third-party work from which a 
> work might be derived; this addresses the second guiding principle of this 
> policy."
>  
> That "object/binary form" requirement and the reference to "exposed surface 
> area" in the Policy are nonsense. I repeat three statements I made here 
> previously:
>  
> ·       The binary and source forms of a work are, from a copyright 
> perspective, the exact same work subject to the exact same FOSS license. Stop 
> wasting time trying to distinguish them legally.
> ·       Apache is committed to FOSS. For that reason, we should always 
> publish source code. Binaries are a convenience for our customers published 
> by our projects, but never without source code.
> ·       Our failure, or our customer's failure, to make that source code 
> available (including of course any ALv2 code) and copies of all relevant 
> licenses, is a probable breach of license and possible copyright 
> infringement. All modern technology companies understand that about FOSS and 
> copyright law.
>  
> The "second guiding principle" referred to in the current Apache Policy is 
> this:
> 2.  The license must not place restrictions on the distribution of 
> independent works that simply use or contain the covered work.
> This accurately and precisely refers to "independent works" and not 
> "derivative works."  Reciprocity has nothing to do with independent works. 
> Every FOSS license (except perhaps under the GPL "static linking" doctrine) 
> satisfies this second guiding principle. See OSD.
> 
> <snip>

What you call nonsense makes a lot of sense from the point of view of a 
software developer.

The problem with reciprocal licenses in the lines of EPL and MPL is not so much 
in being used as:

a) a *library* or as
b) a clearly *separate piece of code* (that resides in a repository outside the 
ASF)

but rather in *accepting patches* for at least two reasons:

1) it is tedious to *maintain per-line license* information in a source file
2) it seriously *limits the ability to perform refactoring* of code

Of course, 1 and 2 become somewhat irrelevant if a project under license X that
accepts patches under EPL/MPL simply states that all source files are licensed 
under EPL/MPL and *contain parts licensed under X*. 

But then *X becomes irrelevant* because it is hard to impossible to tell which
parts of the project are actually licensed under X and which parts are under 
EPL/MPL.

Thus, if the developers of the project wish that their project remains under
license X, accepting *patches* under EPL/MPL is simple *not desirable*.

Cheers,

-- Richard

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