23 Mar
2023
23 Mar
'23
10:48 a.m.
FYI.
________________________________
De : 郭雪雯 <vanessa(a)openatom.org>
Envoyé : jeudi 23 mars 2023 18:41
À : translation <translation(a)openatom.io>
Objet : 【求助帖】请问是否有专家或成员能够在ASF官网的legal JIRA Space上咨询问题？非常感谢您！
各位评审专家好，各位源译识成员大家好
如此前沟通，我在两周前已电邮Apache软件基金会的法务VP，来咨询0226评审会遗留的相关Apache License
V2.0相关问题（如前述邮件），但目前尚未得到回复。此外我这边一直无法注册JIRA账号（该账号仅接受旨在向特定项目作贡献的注册申请，非项目导向的无法注册），无法直接在LEGAL
JIRA Space提交公开的咨询信。;(
辛苦请大家看下是否有账号能在ASF官网的LEGAL JIRA Space上提问题呢？或是否有其他途径去咨询呢？（可以直接套用前述邮件内容，落款处改为 XXX，on bebalf
of "YuanYiShi" Open Source Translation Program Members）非常非常感谢您！;)
（邮件列表故障，抱歉可能重复发了较多遍）
祝好！
郭雪雯 Vanessa
法务与知识产权部 | 开放原子开源基金会
地址：北京经济技术开发区科谷一街8号院8号楼22层2201
电话：+86 15001075763 邮箱：vanessa(a)openatom.org
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------------------ Original ------------------
From: "郭雪雯"<vanessa(a)openatom.org>openatom.org>;
Date: Fri, Mar 10, 2023 12:24 PM
To: "vp-legal"<vp-legal(a)apache.org>l@apache.org>;
Subject: Questions about serveral articles of Apache License v2.0 - from YuanYiShi
Translation program members
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:
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
1<https://www.law.cornell.edu/uscode/text/17/101>7 U.S. Code § 101 -
Definitions<https://www.law.cornell.edu/uscode/text/17/101> and 17 U.S. Code § 106 -
Exclusive rights in copyrighted
works<https://www.law.cornell.edu/uscode/text/17/106>06>. 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?
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!
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.