RE: Indemnification copyright
There is no liability issue as long as you abide by the license, which merely requires that credit is given to Apache for redistributed software containing ASF code. http://jakarta.apache.org/turbine/common/license.html Mark -Original Message- From: Malcolm Davis [mailto:[EMAIL PROTECTED]] Sent: Sunday, September 22, 2002 8:02 PM I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software. Thanks for any comments, malcolm -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED]
RE: Indemnification copyright
His employer is worried that one of the struts contributers could include some code that someone else has rights to and that as a user of struts his employer would be then be legally liable for such an infringement. In this event the Apache licence would not really be relevant as the dodgy chunk of code involved wouldnt be Apaches to license in the first place. (ie: would mean as much as a handwritten certificate of authority from the guy down the pub who sold you a cheap car stereo) The question in this case is what happens to folk using struts in regards to their legal liabilty regarding any such dodgy code distributed with struts. I dont know the answer to this one but would be rather curious to know. Common sense would suggest that having used struts 'in good faith' we wouldnt be liable, but since this is a legal issue any conclusion reached by using common sense is almost certainly completely invalid... -Original Message- From: Galbreath, Mark [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 19:27 To: 'Struts Users Mailing List' Subject: RE: Indemnification copyright There is no liability issue as long as you abide by the license, which merely requires that credit is given to Apache for redistributed software containing ASF code. http://jakarta.apache.org/turbine/common/license.html Mark -Original Message- From: Malcolm Davis [mailto:[EMAIL PROTECTED]] Sent: Sunday, September 22, 2002 8:02 PM I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software. Thanks for any comments, malcolm -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED]
RE: Indemnification copyright
I think that's a bit of a stretch. I have no doubt in my mind that the guys producing the nightly builds have more professional integrity than to incorporate code of questionable origins or legality into Struts. I mean, how dumb would that be? It's open-source and doing something like that would ruin your career. I'd say to his employer to take a look at all the commercial applications now using Struts and ask him if he's not being just a wee bit paranoid -Original Message- From: Andrew Hill [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 7:45 AM To: Struts Users Mailing List Subject: RE: Indemnification copyright His employer is worried that one of the struts contributers could include some code that someone else has rights to and that as a user of struts his employer would be then be legally liable for such an infringement. In this event the Apache licence would not really be relevant as the dodgy chunk of code involved wouldnt be Apaches to license in the first place. (ie: would mean as much as a handwritten certificate of authority from the guy down the pub who sold you a cheap car stereo) The question in this case is what happens to folk using struts in regards to their legal liabilty regarding any such dodgy code distributed with struts. I dont know the answer to this one but would be rather curious to know. Common sense would suggest that having used struts 'in good faith' we wouldnt be liable, but since this is a legal issue any conclusion reached by using common sense is almost certainly completely invalid... -Original Message- From: Galbreath, Mark [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 19:27 To: 'Struts Users Mailing List' Subject: RE: Indemnification copyright There is no liability issue as long as you abide by the license, which merely requires that credit is given to Apache for redistributed software containing ASF code. http://jakarta.apache.org/turbine/common/license.html Mark -Original Message- From: Malcolm Davis [mailto:[EMAIL PROTECTED]] Sent: Sunday, September 22, 2002 8:02 PM I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software. Thanks for any comments, malcolm -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED]
RE: Indemnification copyright
Have to agree with you there. I can't imagine for an instance the struts contributors would ever be adding dodgy code, way I see it, its purely a hypothetical question as far as struts is concerned. You would need to be quite paranoid to let such a worry about struts put you off using it. Indeed from what I gather its the proprietary stuff where this becomes a problem as the source is not open to review. I would still be interested to know the legal position on such a issue however as a theoretical curiosity... -Original Message- From: Galbreath, Mark [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 20:15 To: 'Struts Users Mailing List' Subject: RE: Indemnification copyright I think that's a bit of a stretch. I have no doubt in my mind that the guys producing the nightly builds have more professional integrity than to incorporate code of questionable origins or legality into Struts. I mean, how dumb would that be? It's open-source and doing something like that would ruin your career. I'd say to his employer to take a look at all the commercial applications now using Struts and ask him if he's not being just a wee bit paranoid -Original Message- From: Andrew Hill [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 7:45 AM To: Struts Users Mailing List Subject: RE: Indemnification copyright His employer is worried that one of the struts contributers could include some code that someone else has rights to and that as a user of struts his employer would be then be legally liable for such an infringement. In this event the Apache licence would not really be relevant as the dodgy chunk of code involved wouldnt be Apaches to license in the first place. (ie: would mean as much as a handwritten certificate of authority from the guy down the pub who sold you a cheap car stereo) The question in this case is what happens to folk using struts in regards to their legal liabilty regarding any such dodgy code distributed with struts. I dont know the answer to this one but would be rather curious to know. Common sense would suggest that having used struts 'in good faith' we wouldnt be liable, but since this is a legal issue any conclusion reached by using common sense is almost certainly completely invalid... -Original Message- From: Galbreath, Mark [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 19:27 To: 'Struts Users Mailing List' Subject: RE: Indemnification copyright There is no liability issue as long as you abide by the license, which merely requires that credit is given to Apache for redistributed software containing ASF code. http://jakarta.apache.org/turbine/common/license.html Mark -Original Message- From: Malcolm Davis [mailto:[EMAIL PROTECTED]] Sent: Sunday, September 22, 2002 8:02 PM I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software. Thanks for any comments, malcolm -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED]
Re: Indemnification copyright
I also agree, the Struts coders would never be adding what amounts to stolen code. However if they did, it makes sense that Apache would be responsible not company XYZ running struts 1.0 Why does your boss think this problem applies to OS projects only? You guys surely have bought other closed software, what happens if your closed software has violated some patent/copyright? What makes you so sure the holders of the copyright wont sue your company for damages even if the software was built by some other commercial entity and sold to you? The situation would boil down to the same thing eventually. Use Struts and dont worry, Apache will pay for everything. Worst case scenario is that Apache will sell their URL to Larry Flynt and use the proceeds to pay a couple of patent holders. - Original Message - From: Andrew Hill [EMAIL PROTECTED] To: Struts Users Mailing List [EMAIL PROTECTED] Sent: Monday, September 23, 2002 2:27 PM Subject: RE: Indemnification copyright Have to agree with you there. I can't imagine for an instance the struts contributors would ever be adding dodgy code, way I see it, its purely a hypothetical question as far as struts is concerned. You would need to be quite paranoid to let such a worry about struts put you off using it. Indeed from what I gather its the proprietary stuff where this becomes a problem as the source is not open to review. I would still be interested to know the legal position on such a issue however as a theoretical curiosity... -Original Message- From: Galbreath, Mark [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 20:15 To: 'Struts Users Mailing List' Subject: RE: Indemnification copyright I think that's a bit of a stretch. I have no doubt in my mind that the guys producing the nightly builds have more professional integrity than to incorporate code of questionable origins or legality into Struts. I mean, how dumb would that be? It's open-source and doing something like that would ruin your career. I'd say to his employer to take a look at all the commercial applications now using Struts and ask him if he's not being just a wee bit paranoid -Original Message- From: Andrew Hill [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 7:45 AM To: Struts Users Mailing List Subject: RE: Indemnification copyright His employer is worried that one of the struts contributers could include some code that someone else has rights to and that as a user of struts his employer would be then be legally liable for such an infringement. In this event the Apache licence would not really be relevant as the dodgy chunk of code involved wouldnt be Apaches to license in the first place. (ie: would mean as much as a handwritten certificate of authority from the guy down the pub who sold you a cheap car stereo) The question in this case is what happens to folk using struts in regards to their legal liabilty regarding any such dodgy code distributed with struts. I dont know the answer to this one but would be rather curious to know. Common sense would suggest that having used struts 'in good faith' we wouldnt be liable, but since this is a legal issue any conclusion reached by using common sense is almost certainly completely invalid... -Original Message- From: Galbreath, Mark [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 19:27 To: 'Struts Users Mailing List' Subject: RE: Indemnification copyright There is no liability issue as long as you abide by the license, which merely requires that credit is given to Apache for redistributed software containing ASF code. http://jakarta.apache.org/turbine/common/license.html Mark -Original Message- From: Malcolm Davis [mailto:[EMAIL PROTECTED]] Sent: Sunday, September 22, 2002 8:02 PM I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software. Thanks for any comments, malcolm -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED
Re: Indemnification copyright
I have run across similar situations. In all cases, you have a manager A) who simply is looking for maximum CYA and doesn't know how to operate in anything but the corporate prescribed fashion B) opposes Open Source C) Both Karim Saloojee [EMAIL PROTECTED] on 09/23/2002 09:57:06 AM Please respond to Struts Users Mailing List [EMAIL PROTECTED] To: Struts Users Mailing List [EMAIL PROTECTED], [EMAIL PROTECTED] cc:(bcc: Joseph Sadove/DKBDS USA/DKB) Subject: Re: Indemnification copyright I also agree, the Struts coders would never be adding what amounts to stolen code. However if they did, it makes sense that Apache would be responsible not company XYZ running struts 1.0 Why does your boss think this problem applies to OS projects only? You guys surely have bought other closed software, what happens if your closed software has violated some patent/copyright? What makes you so sure the holders of the copyright wont sue your company for damages even if the software was built by some other commercial entity and sold to you? The situation would boil down to the same thing eventually. Use Struts and dont worry, Apache will pay for everything. Worst case scenario is that Apache will sell their URL to Larry Flynt and use the proceeds to pay a couple of patent holders. - Original Message - From: Andrew Hill [EMAIL PROTECTED] To: Struts Users Mailing List [EMAIL PROTECTED] Sent: Monday, September 23, 2002 2:27 PM Subject: RE: Indemnification copyright Have to agree with you there. I can't imagine for an instance the struts contributors would ever be adding dodgy code, way I see it, its purely a hypothetical question as far as struts is concerned. You would need to be quite paranoid to let such a worry about struts put you off using it. Indeed from what I gather its the proprietary stuff where this becomes a problem as the source is not open to review. I would still be interested to know the legal position on such a issue however as a theoretical curiosity... -Original Message- From: Galbreath, Mark [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 20:15 To: 'Struts Users Mailing List' Subject: RE: Indemnification copyright I think that's a bit of a stretch. I have no doubt in my mind that the guys producing the nightly builds have more professional integrity than to incorporate code of questionable origins or legality into Struts. I mean, how dumb would that be? It's open-source and doing something like that would ruin your career. I'd say to his employer to take a look at all the commercial applications now using Struts and ask him if he's not being just a wee bit paranoid -Original Message- From: Andrew Hill [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 7:45 AM To: Struts Users Mailing List Subject: RE: Indemnification copyright His employer is worried that one of the struts contributers could include some code that someone else has rights to and that as a user of struts his employer would be then be legally liable for such an infringement. In this event the Apache licence would not really be relevant as the dodgy chunk of code involved wouldnt be Apaches to license in the first place. (ie: would mean as much as a handwritten certificate of authority from the guy down the pub who sold you a cheap car stereo) The question in this case is what happens to folk using struts in regards to their legal liabilty regarding any such dodgy code distributed with struts. I dont know the answer to this one but would be rather curious to know. Common sense would suggest that having used struts 'in good faith' we wouldnt be liable, but since this is a legal issue any conclusion reached by using common sense is almost certainly completely invalid... -Original Message- From: Galbreath, Mark [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 19:27 To: 'Struts Users Mailing List' Subject: RE: Indemnification copyright There is no liability issue as long as you abide by the license, which merely requires that credit is given to Apache for redistributed software containing ASF code. http://jakarta.apache.org/turbine/common/license.html Mark -Original Message- From: Malcolm Davis [mailto:[EMAIL PROTECTED]] Sent: Sunday, September 22, 2002 8:02 PM I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software
RE: Indemnification copyright
I appreciate everybodys comments. This problem extends beyond Struts, but to all freeware, opens source, etc, inside this particular organization. The organization is a multi-billion dollar IT firm, (I will leave it at that). 1. The contribution of the copyright or patent material might be totally accidental in nature. 2. Apache does not indemnify the software against copyright or patent infringement. I like the receipt for cheap car stereo analogy. Microsoft paid $100 Million over accidental patent material regarding DoubleDisk technology. How accidental I dont know. But this is the fear of these corporate lawyers. - Malcolm -Original Message- From: Malcolm Davis [mailto:[EMAIL PROTECTED]] Sent: Sunday, September 22, 2002 7:02 PM To: [EMAIL PROTECTED] Subject: Indemnification copyright To Struts Team, Developers and Users I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software. Thanks for any comments, malcolm -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED]
RE: Indemnification copyright
Well, it can't be Oracle, HP, or IBM, since they all seem to have no problem using O/S products and incorporating O/S software into their own products. And I guess it can't be any of the growing roster of multibillion dollar companies from all industries. I guess they trust themselves. And then there is .Net. Best of luck with your effort. "Malcolm Davis" [EMAIL PROTECTED] on 09/23/2002 05:04:53 PM Please respond to "Struts Users Mailing List" [EMAIL PROTECTED] To: "Struts Users Mailing List" [EMAIL PROTECTED] cc:(bcc: Joseph Sadove/DKBDS USA/DKB) Subject: RE: Indemnification copyright I appreciate everybody$B!G(Bs comments. This problem extends beyond Struts, but to all freeware, opens source, etc, inside this particular organization. The organization is a multi-billion dollar IT firm, (I will leave it at that). 1. The contribution of the copyright or patent material might be totally accidental in nature. 2. Apache does not indemnify the software against copyright or patent infringement. I like the $B!F(Breceipt for cheap car stereo$B!G(B analogy. Microsoft paid $100 Million over $B!F(Baccidental patent material $B!G(B regarding DoubleDisk technology. How accidental I don$B!G(Bt know. But this is the fear of these corporate lawyers. - Malcolm -Original Message- From: Malcolm Davis [mailto:[EMAIL PROTECTED]] Sent: Sunday, September 22, 2002 7:02 PM To: [EMAIL PROTECTED] Subject: Indemnification copyright To Struts Team, Developers and Users I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software. Thanks for any comments, malcolm -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED]
RE: Indemnification copyright
I think the main risk is due to the nature of the patent process, the difficulty of patent searches, and the apparent ineptitude of the US PTO. It's certainly possible that an Apache committer could inadvertently violate a patent, just as any other developer might. The copyright issue cannot be ruled out, but I think the risk there is very minimal. Given that Apache is a meritocracy, the chances of one of the committers being dumb enough to commit copyrighted code in full view of the community is very small (albeit non-zero). I would suggest that you contact the ASF directly, rather than looking at this from the project level. You can look at the ASF Bylaws here: http://www.apache.org/foundation/bylaws.html and the primary contact information is here: http://www.apache.org/foundation/contact.html -- Martin Cooper -Original Message- From: Malcolm Davis [mailto:[EMAIL PROTECTED]] Sent: Sunday, September 22, 2002 5:02 PM To: [EMAIL PROTECTED] Subject: Indemnification copyright To Struts Team, Developers and Users I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software. Thanks for any comments, malcolm -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED]
RE: Indemnification copyright
Martin, Thanks for your insight. I will do some more research and then contact ASF. - Malcolm -Original Message- From: Martin Cooper [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 4:37 PM To: 'Struts Users Mailing List' Subject: RE: Indemnification copyright I think the main risk is due to the nature of the patent process, the difficulty of patent searches, and the apparent ineptitude of the US PTO. It's certainly possible that an Apache committer could inadvertently violate a patent, just as any other developer might. The copyright issue cannot be ruled out, but I think the risk there is very minimal. Given that Apache is a meritocracy, the chances of one of the committers being dumb enough to commit copyrighted code in full view of the community is very small (albeit non-zero). I would suggest that you contact the ASF directly, rather than looking at this from the project level. You can look at the ASF Bylaws here: http://www.apache.org/foundation/bylaws.html and the primary contact information is here: http://www.apache.org/foundation/contact.html -- Martin Cooper -Original Message- From: Malcolm Davis [mailto:[EMAIL PROTECTED]] Sent: Sunday, September 22, 2002 5:02 PM To: [EMAIL PROTECTED] Subject: Indemnification copyright To Struts Team, Developers and Users I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software. Thanks for any comments, malcolm -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED]
Re: Indemnification copyright
To answer your original question There is a company called Price Waterhouse. It is a well known and respected consultancy company who can give you the official line on these matters. - Original Message - From: Malcolm Davis [EMAIL PROTECTED] To: Struts Users Mailing List [EMAIL PROTECTED] Sent: Tuesday, September 24, 2002 3:23 AM Subject: RE: Indemnification copyright Martin, Thanks for your insight. I will do some more research and then contact ASF. - Malcolm -Original Message- From: Martin Cooper [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 4:37 PM To: 'Struts Users Mailing List' Subject: RE: Indemnification copyright I think the main risk is due to the nature of the patent process, the difficulty of patent searches, and the apparent ineptitude of the US PTO. It's certainly possible that an Apache committer could inadvertently violate a patent, just as any other developer might. The copyright issue cannot be ruled out, but I think the risk there is very minimal. Given that Apache is a meritocracy, the chances of one of the committers being dumb enough to commit copyrighted code in full view of the community is very small (albeit non-zero). I would suggest that you contact the ASF directly, rather than looking at this from the project level. You can look at the ASF Bylaws here: http://www.apache.org/foundation/bylaws.html and the primary contact information is here: http://www.apache.org/foundation/contact.html -- Martin Cooper -Original Message- From: Malcolm Davis [mailto:[EMAIL PROTECTED]] Sent: Sunday, September 22, 2002 5:02 PM To: [EMAIL PROTECTED] Subject: Indemnification copyright To Struts Team, Developers and Users I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software. Thanks for any comments, malcolm -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED]
Re: Indemnification copyright
Also if you pay for consultancy and the consultancy company doesn't give you the correct and complete information you require. The consultancy company is liable to be sued by the one who sought advice and did n't get what she/he paid for. - Original Message - From: Zahid Rahman [EMAIL PROTECTED] To: Struts Users Mailing List [EMAIL PROTECTED] Sent: Tuesday, September 24, 2002 4:49 AM Subject: Re: Indemnification copyright To answer your original question There is a company called Price Waterhouse. It is a well known and respected consultancy company who can give you the official line on these matters. - Original Message - From: Malcolm Davis [EMAIL PROTECTED] To: Struts Users Mailing List [EMAIL PROTECTED] Sent: Tuesday, September 24, 2002 3:23 AM Subject: RE: Indemnification copyright Martin, Thanks for your insight. I will do some more research and then contact ASF. - Malcolm -Original Message- From: Martin Cooper [mailto:[EMAIL PROTECTED]] Sent: Monday, September 23, 2002 4:37 PM To: 'Struts Users Mailing List' Subject: RE: Indemnification copyright I think the main risk is due to the nature of the patent process, the difficulty of patent searches, and the apparent ineptitude of the US PTO. It's certainly possible that an Apache committer could inadvertently violate a patent, just as any other developer might. The copyright issue cannot be ruled out, but I think the risk there is very minimal. Given that Apache is a meritocracy, the chances of one of the committers being dumb enough to commit copyrighted code in full view of the community is very small (albeit non-zero). I would suggest that you contact the ASF directly, rather than looking at this from the project level. You can look at the ASF Bylaws here: http://www.apache.org/foundation/bylaws.html and the primary contact information is here: http://www.apache.org/foundation/contact.html -- Martin Cooper -Original Message- From: Malcolm Davis [mailto:[EMAIL PROTECTED]] Sent: Sunday, September 22, 2002 5:02 PM To: [EMAIL PROTECTED] Subject: Indemnification copyright To Struts Team, Developers and Users I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software. Thanks for any comments, malcolm -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED] -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED]
Re: Indemnification copyright
I don't understand what you mean. I believe the ASF license is such that you can include things from them (you need to give credit somehow for what you do use), but not have to do anything special. You wouldn't have to make it open-source or anything like that. I suppose you mean your employer wants to be sure that THEY are not sued for a copyright/patent infringement. I don't see how it would arise. Everything is meant to be given away and built upon. Given away by them and built upon by us. We may use it however we see fit. You really should give credit for what you use though. I think probably the final word would come from a lawyer. You could get a copy of the license agreement from the web and go over it with a lawyer. Hopefully someone more familiar with legal matters can give you better advice. I'm not sure I fully understand your circumstance :-) Malcolm Davis wrote: To Struts Team, Developers and Users I am presently in a predicament on my present contract. I am not allowed to use STRUTS unless my employer can be indemnified from copyright or patent infringement. 1. Is there anyway my employer can be indemnified from copyright or patent infringement with Struts? 2. Is there a company that provides this service? 3. Is this really an issue with Struts? The liability extends from the use of intellectual property. A developer knowingly or unknowingly contributes a piece of software to the Open Source community that contains intellectual property. I then use that piece of open source software. Thanks for any comments, malcolm -- Eddie Bush -- To unsubscribe, e-mail: mailto:[EMAIL PROTECTED] For additional commands, e-mail: mailto:[EMAIL PROTECTED]
