Form of included license for non-software files (e.g. documentation)

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Form of included license for non-software files (e.g. documentation)

Marshall Schor
Hello - from one of the proposers for the new UIMA project on the
incubator- now being set up.

(I would ask this question on the legal-discuss mailing list, but I've
not been granted access (although I've asked for this).
If there is another place to ask, please let me know.)

In preparing things for the initial upload - I'm putting in license
comments in XML documentation source files.  The boiler plate for these
from the apache.org/legal site includes:

... Unless required by applicable law or agreed to in writing,
           software distributed under the License is distributed on an
           "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
           KIND, either express or implied. ...

First, is it true this won't apply to documentation, since it isn't
"software"?

Second, I'm aware that many books have phrases of the form:

"Warning and Disclaimer

Although efforts have been made to make this book as complete and
accurate as possible, xxx makes no warranties etc. regarding the content
or its fitness for any particular purpose.  The information in this book
is provided on an as-is basis. etc.
"
Additional sentences might disclaim liability & responsibility for
damages and loss resulting from the info in the book.
Additional sentences might disclaim any responsibility for any "linked"
internet sites.
Additional sentences might disclaim any implied "endorsement" of any
"linked" sites.

Is any of this needed or appropriate to include in our documentation?

Third, Many books have some statement about "Trademarks".  They often
say something about items known to be trademarks are capitalized .   Is
something about this needed for our UIMA books from Apache?

Finally, the O'Reilly book "Head First Design Patterns" includes the phrase:
     "No ducks were harmed in the making of this book."  (Yes, really).
I have no questions about this :-)

-Marshall Schor



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Re: Form of included license for non-software files (e.g. documentation)

robert burrell donkin-2
On 10/23/06, Marshall Schor <[hidden email]> wrote:
> Hello - from one of the proposers for the new UIMA project on the
> incubator- now being set up.
>
> (I would ask this question on the legal-discuss mailing list, but I've
> not been granted access (although I've asked for this).
> If there is another place to ask, please let me know.)

legal-discuss is the right place for these questions. once you have an
apache address, use that to subscribe. these questions really need to
be asked on that list. IANAL but FWIW here are some words

> In preparing things for the initial upload - I'm putting in license
> comments in XML documentation source files.  The boiler plate for these
> from the apache.org/legal site includes:
>
> ... Unless required by applicable law or agreed to in writing,
>            software distributed under the License is distributed on an
>            "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
>            KIND, either express or implied. ...
>
> First, is it true this won't apply to documentation, since it isn't
> "software"?

apache releases software and (in particular) source. typically, these
xml source files will form part of software works released and hence
are software source.

the exact level of enforcability will depend on many factors but our
charter commits us to open source and our downstream repackagers need
clear licensing.

> Second, I'm aware that many books have phrases of the form:
>
> "Warning and Disclaimer
>
> Although efforts have been made to make this book as complete and
> accurate as possible, xxx makes no warranties etc. regarding the content
> or its fitness for any particular purpose.  The information in this book
> is provided on an as-is basis. etc.
> "
> Additional sentences might disclaim liability & responsibility for
> damages and loss resulting from the info in the book.
> Additional sentences might disclaim any responsibility for any "linked"
> internet sites.
> Additional sentences might disclaim any implied "endorsement" of any
> "linked" sites.
>
> Is any of this needed or appropriate to include in our documentation?

dunno

i'd hope that a project would be able to work out for itself when
disclaimers about endorsements or linkes are needed.

apache isn't in the business of book pubilshing. our documentation is
part of wider software works. if the software work as a whole
disclaims liability then it seems a little odd to claim that a
constituent part can be held liable.

i'd hope that projects would keep documentation on topic

> Third, Many books have some statement about "Trademarks".  They often
> say something about items known to be trademarks are capitalized .   Is
> something about this needed for our UIMA books from Apache?

hopefully someone else will jump in...

> Finally, the O'Reilly book "Head First Design Patterns" includes the phrase:
>      "No ducks were harmed in the making of this book."  (Yes, really).
> I have no questions about this :-)

unless you happen to harm ducks whilst creating documentation, the
question of whether or not to include a disclaimer is delegated to the
podling :-)

- robert

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