apache license 2.0 for consideration

John Cowan cowan at ccil.org
Fri Feb 20 15:58:16 UTC 2004

Alexander Terekhov scripsit:

> Are you saying that your license allows GPL-forking? I think that 
> it does allow things like distribution of GPL'd patches... but the 
> resulting/originating derivative works would fall under multiple 
> licenses -- the GPL for modifications and the ASL for all the 
> "remaining" portions from the original work. 

Well, no.  There are three cases:

A. Patches are not an original work of authorship (because they are
   too trivial):  the resulting derivative work can be licensed in
   any way that's compatible with the original.

B. Patches are an original work of authorship:
   B-1.  The original work's license is GPL-compatible:  the resulting
         derivative work is licensed under the GPL.
   B-2.  The original work's license is not GPL-compatible: the patches
         cannot be applied, or at least the result cannot be distributed.

> (with respect to reciprocation) licenses like the OSL and the CPL 
> (and also the GPL) say that patches must be distributed under the 
> original license even if, apart from referencing, they do NOT 
> contain anything related to (copied from) the original work. 

This is only so if patches are themselves derivative works of the
original.  IMHO (IANAL, TINLA) they are not, and any parts of the
original that appear inside a patch (a unified diff, e.g.) constitutes
fair use and/or de minimis use of the original.

The stock example is that the _C Answer Book_ is not a derivative
work of K & R, even though it just contains answers to the questions in
K & R, and therefore is meaningless without it.

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