Apache License Question

Tue Feb 19 18:27:36 UTC 2002

I do include the old license in the software itself.
So on top of every program from the old source code, it reads:

***********START HEADING***********************
/**
 * Copyright (C) 2001 Yasna.com. All rights reserved.
 *
 * ===================================================================
 * The Apache Software License, Version 1.1
 *
 * Redistribution and use in source and binary forms, with or without
 * modification, are permitted provided that the following conditions
 * are met:
 *
 * 1. Redistributions of source code must retain the above copyright
 *    notice, this list of conditions and the following disclaimer.
 *
 * 2. Redistributions in binary form must reproduce the above copyright
 *    notice, this list of conditions and the following disclaimer in
 *    the documentation and/or other materials provided with the
 *    distribution.
 *
 * 3. The end-user documentation included with the redistribution,
 *    if any, must include the following acknowledgment:
 *       "This product includes software developed by
 *        Yasna.com (http://www.yasna.com)."
 *    Alternately, this acknowledgment may appear in the software itself,
 *    if and wherever such third-party acknowledgments normally appear.
 *
 * 4. The names "Yazd" and "Yasna.com" must not be used to
 *    endorse or promote products derived from this software without
 *    prior written permission. For written permission, please
 *    contact yazd at yasna.com.
 *
 * 5. Products derived from this software may not be called "Yazd",
 *    nor may "Yazd" appear in their name, without prior written
 *    permission of Yasna.com.
 *
 * THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
 * WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
 * OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
 * DISCLAIMED.  IN NO EVENT SHALL YASNA.COM OR
 * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
 * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
 * LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
 * USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
 * ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
 * OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
 * OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
 * SUCH DAMAGE.
 * ====================================================================
 *
 * This software consists of voluntary contributions made by many
 * individuals on behalf of Yasna.com. For more information
 * on Yasna.com, please see <http://www.yasna.com>.
 */

/**
 * Copyright (C) 2000 CoolServlets.com. All rights reserved.
 *
 * ===================================================================
 * The Apache Software License, Version 1.1
 *
 * Redistribution and use in source and binary forms, with or without
 * modification, are permitted provided that the following conditions
 * are met:
 *
 * 1. Redistributions of source code must retain the above copyright
 *    notice, this list of conditions and the following disclaimer.
 *
 * 2. Redistributions in binary form must reproduce the above copyright
 *    notice, this list of conditions and the following disclaimer in
 *    the documentation and/or other materials provided with the
 *    distribution.
 *
 * 3. The end-user documentation included with the redistribution,
 *    if any, must include the following acknowledgment:
 *       "This product includes software developed by
 *        CoolServlets.com (http://www.coolservlets.com)."
 *    Alternately, this acknowledgment may appear in the software itself,
 *    if and wherever such third-party acknowledgments normally appear.
 *
 * 4. The names "Jive" and "CoolServlets.com" must not be used to
 *    endorse or promote products derived from this software without
 *    prior written permission. For written permission, please
 *    contact webmaster at coolservlets.com.
 *
 * 5. Products derived from this software may not be called "Jive",
 *    nor may "Jive" appear in their name, without prior written
 *    permission of CoolServlets.com.
 *
 * THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
 * WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
 * OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
 * DISCLAIMED.  IN NO EVENT SHALL COOLSERVLETS.COM OR
 * ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
 * SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
 * LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
 * USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
 * ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
 * OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
 * OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
 * SUCH DAMAGE.
 * ====================================================================
 *
 * This software consists of voluntary contributions made by many
 * individuals on behalf of CoolServlets.com. For more information
 * on CoolServlets.com, please see <http://www.coolservlets.com>.
 */

*******************END HEADING ****************

But on the site itself I am just using the first Apache license. And I did
that because this is a new software, the code was based on the old software,
and the license of the new software is the first Apache license.
Your help is greatly appreciated.

AA

-----Original Message-----
From: Forrest J. Cavalier III [mailto:mibsoft at mibsoftware.com]
Sent: Monday, February 18, 2002 8:19 PM
To: aaflatooni at yasna.com; license-discuss at opensource.org
Cc: forrest at mibsoftware.com
Subject: Re: Apache License Question

>         The new program files that are added would only have the new
>         Apache
> license.
>         I have had the impression the new software "Yazd" would be
>         distributed
> under the new Apache license. Therefore, the new license would be
> the license of the software, and there is no need to mention the old
> one on the site.

You must comply with the old license if you are distributing anything
which is derived from that software.

I'd say at a minimum, the warranty disclaimer and copyrights of the old
software must be propagated to the new downloaders.  That is one
purpose of the Apache 1.1 clause #2:

  2. Redistributions in binary form must reproduce the above copyright
     notice, this list of conditions and the following disclaimer in
     the documentation and/or other materials provided with the
     distribution.

(And clause #1 generally preserves the notice in source forms.)

>         The original software creators have complained that the license on
the site
> should also have the old license too. I was wondering if this is true.

You must comply with the old license terms.  Depending on how you
are distributing and what your phrase "license on the site" means,
you could be OK or not.

But I would point out that I dislike license surprises when I
download.  I dislike reading a license before downloading, and then
finding a different license after downloading.

>         If anyone could help me out with this I would very much appreciate
it.
>         Best Regards
>
> Aflatoon Aflatooni
> Yasna Inc.
> http://www.yasna.com/
>
>
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> license-discuss archive is at http://crynwr.com/cgi-bin/ezmlm-cgi?3
>
>

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