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Re: [fielding@apache.org: Review of proposed Apache License, version 2.0]



I am including the licenses inline. I will immediately follow up with
comments, so that it is apparent which comments are mine and which are
not.

   =====================================================================
   ==  DO NOT PANIC!  This is a draft for discussion purposes only.   ==
   ==  It has not yet been approved. It does not yet apply to any     ==
   ==  software distributed by the Apache Software Foundation.        ==
   ==                                                                 ==
   ==  This "long" version combines a contributor license with the    ==
   ==  copyright license, thus allowing us to talk about patents,     ==
   ==  providing disclaimers for all of the contributors rather than  ==
   ==  just the Licensor, and creating a community condition that     ==
   ==  eliminates the need for CLAs from every contributor.           ==
   ==================================+==================================

                               Apache License
                         Version 2.0, October 2003
                      http://www.apache.org/licenses/

            Copyright (C) 2003  The Apache Software Foundation.
         Everyone is permitted to copy and distribute verbatim copies
         of this license document, but changing it is not allowed.

                            TERMS AND CONDITIONS
           FOR USE, REPRODUCTION, DISTRIBUTION, AND MODIFICATION

   1. Licensing the Work. These terms and conditions for use,
      reproduction, distribution, and modification (the "License") apply
      to any original work of authorship (the "Work") containing a
      notice placed by the copyright owner (the "Licensor") indicating
      that the Work is licensed under the Apache License, Version 2.0.

   2. You. "You" or "Your" means an individual or legal entity
      exercising permissions granted by this License. By exercising any
      of the permissions granted to You in Sections 4 through 8 herein,
      You indicate Your acceptance of this License and all of its terms
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   3. Contributors and Contributions.

      A. The Licensor and any individual or legal entity that
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          distribute the Work and such derivative works; and,

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          free, irrevocable (subject to Section 5) patent license to
          make, have made, use, offer to sell, sell, import, and
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  10. Disclaimer of Warranty. The Work is provided on an "AS IS" BASIS,
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      not allow the exclusion or limitation of incidental or
      consequential damages, so this exclusion and limitation may not
      apply to You.

                        END OF TERMS AND CONDITIONS

   APPENDIX: How to apply the Apache License to your work.

      To apply the Apache License to your work, attach the following
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   Copyright (C) [yyyy]  [name of copyright owner]

   Licensed under the Apache License, Version 2.0 (the "License");
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   ====================================================================
   ==  Sample NOTICE file, in this case for Apache httpd-2.0         ==
   ====================================================================

   This product includes software developed by
   The Apache Software Foundation (http://www.apache.org/)
   and licensed under the Apache License, Version 2.0.

   The names "Apache" and "Apache httpd" are trade names of
   The Apache Software Foundation; guidelines and other information
   regarding permitted use of these trade names are posted on the
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   Portions of this software were developed at the National Center
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   This software contains code derived from the RSA Data Security
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   which is open source software, written by Philip Hazel, and copyright
   by the University of Cambridge, England. The original software is
   available from
      ftp://ftp.csx.cam.ac.uk/pub/software/programming/pcre/


   =====================================================================
   ==  DO NOT PANIC!  This is a draft for discussion purposes only.   ==
   ==  It has not yet been approved. It does not yet apply to any     ==
   ==  software distributed by the Apache Software Foundation.        ==
   ==                                                                 ==
   ==  This RI version is for use by JSR-defined projects releasing   ==
   ==  code in the javax.* namespace under JSPA 2.5.                  ==
   ==================================+==================================

                             Apache RI License
                         Version 1.0, October 2003
                      http://www.apache.org/licenses/

            Copyright (C) 2003  The Apache Software Foundation.
         Everyone is permitted to copy and distribute verbatim copies
         of this license document, but changing it is not allowed.

                            TERMS AND CONDITIONS
           FOR USE, REPRODUCTION, DISTRIBUTION, AND MODIFICATION

   1. Licensing the Work.

      A. These terms and conditions for use, reproduction, distribution,
      and modification (the "License") apply to any original work of
      authorship (the "Work") containing a notice placed by the
      copyright owner (the "Licensor") indicating that the Work is
      licensed under the Apache RI License, Version 1.0.

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      defined by one or more "Specifications" listed within the license
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      recognized successors or replacements thereof (the "Restricted
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      Participation Agreement between Licensor and Sun Microsystems, Inc.

   2. You. "You" or "Your" means an individual or legal entity
      exercising permissions granted by this License. By exercising any
      of the permissions granted to You in Sections 4 through 8 herein,
      You indicate Your acceptance of this License and all of its terms
      and conditions.

   3. Contributors and Contributions.

      A. The Licensor and any individual or legal entity that
      voluntarily submits to the Licensor a Contribution to the Work are
      collectively addressed herein as "Contributors". For legal
      entities, the entity making a Contribution and all other entities
      that control, are controlled by, or are under common control with
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      purposes of this definition, "control" means (i) the power, direct
      or indirect, to cause the direction or management of such entity,
      whether by contract or otherwise, or (ii) ownership of fifty
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      (iii) beneficial ownership of such entity.

      B. A "Contribution" is the original version of the Work and any
      modification or addition to the Work that has been submitted for
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      to the Work originate from that particular Contributor, or from
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      that are managed by, or on behalf of, the Licensor for the purpose
      of discussing and improving the Work, but excluding communication
      that is conspicuously marked or otherwise designated in writing by
      the Contributor as "Not a Contribution."

      D. Any Contribution submitted by You to the Licensor shall be
      under the terms and conditions of this License, without any
      additional terms or conditions, unless You explicitly state
      otherwise in the submission.

   4. Contributor Grant of License. Subject to the terms and conditions
      of this License, each Contributor hereby grants to You:

      (a) a perpetual, non-exclusive, worldwide, fully paid-up, royalty
          free, irrevocable copyright license under its licensable
          copyrights in the Work to reproduce, prepare derivative works
          of, publicly display, publicly perform, sublicense, and
          distribute the Work and such derivative works; and,

      (b) a perpetual, non-exclusive, worldwide, fully paid-up, royalty
          free, irrevocable (subject to Section 5) patent license to
          make, have made, use, offer to sell, sell, import, and
          otherwise transfer the Work and derivative works thereof,
          where such license applies only to those patent claims
          licensable by such Contributor that are necessarily infringed
          by their Contribution alone or by combination of their
          Contribution with the Work to which such Contribution was
          submitted by the Contributor.

      No assurances are provided by any Contributor that the Work does
      not infringe the patent or other intellectual property rights of
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      for claims brought by any other entity based on infringement of
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      responsibility to secure any other intellectual property rights
      needed, if any.

   5. Reciprocity. If You institute patent litigation against a
      Contributor with respect to a patent applicable to software
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      patent licenses granted by that Contributor to You under this
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      other software or hardware) infringes Your patent(s), then any
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      appropriate copyright notice and disclaimer of warranty, keep
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      absence of any warranty, and give any other recipients of the Work
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          copy of this License along with the Derivative Work.

      (b) You must retain, in the source code of any Derivative Work
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          conditions of this License.

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              and method declarations in the Derived Work such that no
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              Derived Work; or

          (2) fully implement the Specifications, or later revisions of
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      You may add Your own copyright statement to such modifications and
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   8. Redistribution with Additional Terms. You may choose to offer, and
      to charge a fee for, warranty, support, indemnity, or liability
      obligations and/or other rights consistent with the scope of the
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      indemnify, defend, and hold every Contributor harmless for any
      liability incurred by, or claims asserted against, such
      Contributor by reason of any such Additional Terms.

   9. Trademarks. Aside from reproduction of the information within the
      NOTICE file and references to the License itself, this License
      does not grant permission to use the trademarks, trade names,
      service marks, or product names of the Licensor, except as
      required for reasonable and customary "fair use" while describing
      the origin of the Work. Further information on guidelines for use
      of related marks and/or how to obtain permission for use of those
      marks may be found in the NOTICE file, if any is included with
      the Work.

  10. Disclaimer of Warranty. The Work is provided on an "AS IS" BASIS,
      WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
      implied, including, without limitation, any warranties or
      conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or
      FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for
      determining the appropriateness of using or redistributing the
      Work and assume any risks associated with Your exercise of
      permissions under this License.

  11. Limitation of Liability. Under no circumstances and under no legal
      theory, whether in tort (including negligence), contract, or
      otherwise, shall any Contributor be liable to any person for any
      direct, indirect, special, incidental, or consequential damages of
      any character arising as a result of this License or the use of
      the Work including, without limitation, damages for loss of
      goodwill, work stoppage, computer failure or malfunction, or any
      and all other commercial damages or losses. This limitation of
      liability shall not apply to liability for death or personal
      injury resulting from Licensor's negligence to the extent
      applicable law prohibits such limitation. Some jurisdictions do
      not allow the exclusion or limitation of incidental or
      consequential damages, so this exclusion and limitation may not
      apply to You.

                        END OF TERMS AND CONDITIONS

   APPENDIX: How to apply the Apache RI License to your work.

      To apply the Apache RI License to your work, attach the following
      boilerplate notice, with the fields enclosed by brackets "[]"
      replaced with your own identifying information. (Don't include
      the brackets!)  The text should be enclosed in the appropriate
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      file or class name and description of purpose be included on the
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   Copyright (C) [yyyy]  [name of copyright owner]

   Licensed under the Apache RI License, Version 1.0 (the "License")
   as a reference implementation of the following specifications:

     [ Widget Interface, revision 5.1
          <http://www.example.com/specs/widget/5.1/> ]

   You may not use this file except in compliance with the License.
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   Software distributed under the License is distributed on an "AS IS"
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   or implied. See the License for the specific language governing
   permissions and limitations under the License.


   =====================================================================
   ==  DO NOT PANIC!  This is a draft for discussion purposes only.   ==
   ==  It has not yet been approved. It does not yet apply to any     ==
   ==  software distributed by the Apache Software Foundation.        ==
   ==                                                                 ==
   ==  This TCK version is for use by JSR-defined projects releasing  ==
   ==  an official TCK for a JSR under JSPA 2.5.                      ==
   ==================================+==================================

                             Apache TCK License
                         Version 1.0, October 2003
                      http://www.apache.org/licenses/

            Copyright (C) 2003  The Apache Software Foundation.
         Everyone is permitted to copy and distribute verbatim copies
         of this license document, but changing it is not allowed.

                            TERMS AND CONDITIONS
           FOR USE, REPRODUCTION, DISTRIBUTION, AND MODIFICATION

   1. Licensing the Work.

      A. These terms and conditions for use, reproduction, distribution,
      and modification (the "License") apply to any original work of
      authorship (the "Work") containing a notice placed by the
      copyright owner (the "Licensor") indicating that the Work is
      licensed under the Apache TCK License, Version 1.0.

      B. The Work is distributed by the Licensor as a Technology
      Compatibility Kit (TCK), the suite of tests, tools, and
      documentation that allows an implementor of a Specification to
      determine if their implementation is compliant with that
      Specification, where the Specification is a current or proposed
      industry standard defined by one or more documents listed within
      the license notice; each such Specification is identified by
      title, revision label (or date if no label has been assigned),
      and Uniform Resource Identifier.

   2. You. "You" or "Your" means an individual or legal entity
      exercising permissions granted by this License. By exercising any
      of the permissions granted to You in Sections 4 through 9 herein,
      You indicate Your acceptance of this License and all of its terms
      and conditions.

   3. Contributors and Contributions.

      A. The Licensor and any individual or legal entity that
      voluntarily submits to the Licensor a Contribution to the Work are
      collectively addressed herein as "Contributors". For legal
      entities, the entity making a Contribution and all other entities
      that control, are controlled by, or are under common control with
      that entity are considered to be a single Contributor. For the
      purposes of this definition, "control" means (i) the power, direct
      or indirect, to cause the direction or management of such entity,
      whether by contract or otherwise, or (ii) ownership of fifty
      percent (50%) or more of the outstanding shares, or
      (iii) beneficial ownership of such entity.

      B. A "Contribution" is the original version of the Work and any
      modification or addition to the Work that has been submitted for
      inclusion in the Work, where such modifications and/or additions
      to the Work originate from that particular Contributor, or from
      some entity acting on behalf of that Contributor.

      C. A Contribution is "submitted" when any form of electronic,
      verbal, or written communication is sent to the Licensor,
      including but not limited to communication on electronic mailing
      lists, source code control systems, and issue tracking systems
      that are managed by, or on behalf of, the Licensor for the purpose
      of discussing and improving the Work, but excluding communication
      that is conspicuously marked or otherwise designated in writing by
      the Contributor as "Not a Contribution."

      D. Any Contribution submitted by You to the Licensor shall be
      under the terms and conditions of this License, without any
      additional terms or conditions, unless You explicitly state
      otherwise in the submission.

   4. Contributor Grant of License. Subject to the terms and conditions
      of this License, each Contributor hereby grants to You:

      (a) a perpetual, non-exclusive, worldwide, fully paid-up, royalty
          free, irrevocable copyright license under its licensable
          copyrights in the Work to reproduce, prepare derivative works
          of, publicly display, publicly perform, sublicense, and
          distribute the Work and such derivative works; and,

      (b) a perpetual, non-exclusive, worldwide, fully paid-up, royalty
          free, irrevocable (subject to Section 5) patent license to
          make, have made, use, offer to sell, sell, import, and
          otherwise transfer the Work and derivative works thereof,
          where such license applies only to those patent claims
          licensable by such Contributor that are necessarily infringed
          by their Contribution alone or by combination of their
          Contribution with the Work to which such Contribution was
          submitted by the Contributor.

      No assurances are provided by any Contributor that the Work does
      not infringe the patent or other intellectual property rights of
      any other entity. Each Contributor disclaims any liability to You
      for claims brought by any other entity based on infringement of
      intellectual property rights or otherwise. You assume sole
      responsibility to secure any other intellectual property rights
      needed, if any.

   5. Reciprocity. If You institute patent litigation against a
      Contributor with respect to a patent applicable to software
      (including a cross-claim or counterclaim in a lawsuit), then any
      patent licenses granted by that Contributor to You under this
      License shall terminate as of the date such litigation is filed.
      In addition, if You institute patent litigation against any entity
      (including a cross-claim or counterclaim in a lawsuit) alleging
      that the Work itself (excluding combinations of the Work with
      other software or hardware) infringes Your patent(s), then any
      patent licenses granted to You under this License for that Work
      shall terminate as of the date such litigation is filed.

   6. Redistribution without Modification. You may reproduce and
      distribute verbatim copies of the Work as You received it, in any
      medium, provided that You conspicuously publish on each copy an
      appropriate copyright notice and disclaimer of warranty, keep
      intact all of the notices that refer to this License and to the
      absence of any warranty, and give any other recipients of the Work
      a copy of this License along with the Work.

   7. Redistribution with Modification. You may modify Your copy or
      copies of the Work or any portion of it, thus forming another work
      product based on the Work (a "Derivative Work"), and reproduce and
      distribute such modifications or the Derivative Work, provided
      that You also meet the following conditions:

      (a) You must give any other recipients of the Derivative Work a
          copy of this License along with the Derivative Work.

      (b) You must retain, in the source code of any Derivative Work
          that You distribute, all copyright, patent, or trademark
          notices from the source code of the Work, excluding those
          notices that only pertain to portions of the Work that have
          been excluded from the Derivative Work. If the Work includes a
          "NOTICE" file as part of its source code distribution, the
          Derivative Work must include a readable copy of the notices
          contained within that NOTICE file, excluding those notices
          that only pertain to portions of the Work that have been
          excluded from the Derivative Work, in at least one of the
          following places: within a NOTICE file distributed as part of
          the Derivative Work; within the source code or documentation,
          if provided along with the Derivative Work; or, within a
          display generated by the Derivative Work, if and wherever such
          third-party notices normally appear. You may add Your own
          notices alongside or as an addendum to the original NOTICE
          information. The contents of the NOTICE file are for
          informational purposes only and do not modify the terms and
          conditions of this License.

      (c) You must cause any modified files to carry prominent notices
          stating that You changed the files.

      (d) You must do one of the following:

          (1) remove from the Derived Work all tests that are specific
              to features of the Specification and all documentation
              describing the Specification and those specific tests; or

          (2) cause the Derived Work to be clearly and conspicuously
              labeled as "not the official TCK for the Specification"
              and "for research purposes only", and clearly and
              conspicuously identify within the documentation and
              packaging of the Derived Work that it is not the official
              TCK for the Specification, and further that passing the
              tests in the Derived Work does not indicate that an
              implementation has passed the TCK for the Specification.

      You may add Your own copyright statement to such modifications and
      may provide (sublicense) additional or different license terms and
      conditions for use, reproduction, distribution or further
      modification of Your modifications, or for the Derivative Work as
      a whole, provided that the sublicense complies with the conditions
      stated in this License.

   8. Redistribution with Additional Terms. You may choose to offer, and
      to charge a fee for, warranty, support, indemnity, or liability
      obligations and/or other rights consistent with the scope of the
      license granted herein ("Additional Terms"). However, You may do
      so only on Your own behalf and as Your sole responsibility, not
      on behalf of any other Contributor, and only if You agree to
      indemnify, defend, and hold every Contributor harmless for any
      liability incurred by, or claims asserted against, such
      Contributor by reason of any such Additional Terms.

   9. Passing the TCK. You may use an unmodified, verbatim copy of the
      Work for the purposes of testing an implementation for compliance
      with the Specification; upon completion of the tests, the Work
      will inform the user whether or not the implementation tested
      has "passed the TCK".  You may use a modified version of the Work
      for testing an implementation, but such a modified Work cannot
      test for compliance and does not imply the implementation has
      passed the TCK even if the implementation passes all of its tests.

  10. Trademarks. Aside from reproduction of the information within the
      NOTICE file and references to the License itself, this License
      does not grant permission to use the trademarks, trade names,
      service marks, or product names of the Licensor, except as
      required for reasonable and customary "fair use" while describing
      the origin of the Work. Further information on guidelines for use
      of related marks and/or how to obtain permission for use of those
      marks may be found in the NOTICE file, if any is included with
      the Work.

  11. Disclaimer of Warranty. The Work is provided on an "AS IS" BASIS,
      WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
      implied, including, without limitation, any warranties or
      conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or
      FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for
      determining the appropriateness of using or redistributing the
      Work and assume any risks associated with Your exercise of
      permissions under this License.

  12. Limitation of Liability. Under no circumstances and under no legal
      theory, whether in tort (including negligence), contract, or
      otherwise, shall any Contributor be liable to any person for any
      direct, indirect, special, incidental, or consequential damages of
      any character arising as a result of this License or the use of
      the Work including, without limitation, damages for loss of
      goodwill, work stoppage, computer failure or malfunction, or any
      and all other commercial damages or losses. This limitation of
      liability shall not apply to liability for death or personal
      injury resulting from Licensor's negligence to the extent
      applicable law prohibits such limitation. Some jurisdictions do
      not allow the exclusion or limitation of incidental or
      consequential damages, so this exclusion and limitation may not
      apply to You.

                        END OF TERMS AND CONDITIONS

   APPENDIX: How to apply the Apache TCK License to your work.

      To apply the Apache TCK License to your work, attach the following
      boilerplate notice, with the fields enclosed by brackets "[]"
      replaced with your own identifying information. (Don't include
      the brackets!)  The text should be enclosed in the appropriate
      comment syntax for the file format. We also recommend that a
      file or class name and description of purpose be included on the
      same "printed page" as the copyright notice for easier
      identification within third-party archives.

   Copyright (C) [yyyy]  [name of copyright owner]

   Licensed under the Apache TCK License, Version 1.0 (the "License")
   as the Technology Compatibility Kit for the following specification:

     [ Widget Interface, revision 5.1
          <http://www.example.com/specs/widget/5.1/> ]

   You may not use this file except in compliance with the License.
   You may obtain a copy of the License at

       http://www.apache.org/licenses/tck-license-1.0.txt

   Software distributed under the License is distributed on an "AS IS"
   BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express
   or implied. See the License for the specific language governing
   permissions and limitations under the License.

-- 
Brian M. Carlson <sandals@crustytoothpaste.ath.cx> 0x560553e7

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