祝好！
郭雪雯 Vanessa
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Dear VP of Legal Affaires,
We are members of "YuanYiShi" Open Source Translation program initiated by the OpenAtom Foundation, an international non-profit open source organization in China. A major goal of our program is to offer, for public and for free, credible Chinese translation of the top popular OSS licenses to promote better local understanding of open source concepts and rules. Experts with competence in languages and open source from communities, academies and companies are invited to join the program to review & revise the translation scripts.
While working on the translation of the Apache License v2.0 (the License), we have some questions with several articles, for which we are writing to seek from you, as the steward of the License, kind opinions and interpretations:
After having read License FAQ, we apologize for contacting you directly, but JIRA accounts cannot be set up for people who aren't ASF members or contributors to ask just legal questions, despite our repeated attempts to use the ASF self-serve Portal. We look forward to your reply!Article 2: Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.
Question: We understand "publicly perform" as a term typically used in connection with audiovisual works, as in 17 U.S. Code § 101 - Definitions and 17 U.S. Code § 106 - Exclusive rights in copyrighted works. We are not sure about the exact reference of the public performance right to the in case of software context and wonder if it is acceptable to translate “publicly perform (a software)" as "publicly run/execute (a software)"?
Article 3: ……a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, …….
Question: We wonder if the word “transfer” means to assign ownership of a physical copy of the work, or to ship a physical copy of the work?
Article 5: Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
Question: We wonder whether “may have executed" shall be understood as "may have done" with emphasis on the past perfect tense or subjunctive tense (so the Apache License 2.0 as a latter license agreement shall not supersede or modify any formerly executed agreement); or be understood as "have something done" with emphasis on passive voice (so the Apache License 2.0 shall not supersede or modify any separate agreement)?
Article 9: While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License.
Question: We understand that "support, warranty, indemnity" is the type of liability obligation and you may charge a fee as the counterparty. Why does it also say "and/or rights"? You might charge others a fee for which right? Will you kindly list them?
Sincerely yours,
Vanessa GUO, on behalf of
"YuanYiShi" Open Source Translation Program Members
the OpenAtom Foundation
This email message (with attachment, if any) is from OpenAtom Foundation. It may contain proprietary and confidential information meant solely for the use of the intended recipient(s). Please keep confidential and do not disclose any or all information contained herein to any third party without prior written permission of the sender. If you have received this message in error, please notify the sender immediately and delete this original message and all attachments. Thank you.