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questions for the Apache Software Foundation [was: Apple's APSL 2.0 " Debian Free Software Guidelines"-compliant?]

On Mon, Jul 12, 2004 at 12:34:16AM -0400, Nathanael Nerode wrote:
> Josh Triplett wrote:
> > Now, quoting from the Apache license, version 1.1:

> >> 4. The names "Apache" and "Apache Software Foundation" must
> >>    not be used to endorse or promote products derived from this
> >>    software without prior written permission. For written
> >>    permission, please contact apache@apache.org.

> We've allowed this grudgingly, I guess; perhaps because "us[ing the names]
> to endorse or promote" is a rather minimal category of things, normally
> restricted under trademark law anyway, and only relating to advertising.
> I do not consider it necessarily DFSG-free, however, as it may prohibit
> statements in advertising like "Apache-compatible", which are permitted by
> trademark law.

We really should contact the ASF and *ask* them if they intend this
prohibition to go beyond trademark law and right of publicity.

CCing apache@packages.debian.org for this purpose.

> >> 5. Products derived from this software may not be called "Apache",
> >>    nor may "Apache" appear in their name, without prior written
> >>    permission of the Apache Software Foundation.
> This is certainly not DFSG-free and never has been.  It's a major reason why
> we got this changed in the Apache license 2.0.  *sigh*  Furthermore, Debian
> is currently in violation of this clause, as is nearly every distributor. 
> This is more honored in the breach than in the observance.

Heh.  Since ASL 2.0 has changed this, maybe we can ask the ASF to grant a
blanket waiver of this clause (much as UCB did with clause 4 of the BSD

> > This has the same restrictions as the above clause of the APSL.  So if
> > the Apache license, version 1.1, is considered DFSG-free,

> Which it isn't.
> > then so should this clause of the APSL.

I concur with this analysis.

[1] ftp://ftp.cs.berkeley.edu/pub/4bsd/README.Impt.License.Change

G. Branden Robinson                |      Religion is excellent stuff for
Debian GNU/Linux                   |      keeping common people quiet.
branden@debian.org                 |      -- Napoleon Bonaparte
http://people.debian.org/~branden/ |

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