[LEGAL-389] NOTICE handling of plain (linked) dependencies which are not Derivative Works

• Type: Question
• Status: Resolved
• Priority: Major
• Resolution: Fixed
• Assignee: Unassigned
• Reporter: Emilian Bold
• Created: 25/May/18 22:35
• Updated: 09/Jun/18 17:14
• Resolved: 09/Jun/18 17:14

Description

Hello,

At Apache NetBeans have various (3rd party) Apache licensed JAR dependencies which we use unchanged, we just added them to the 'classpath' so to speak (ie. 'link' them).

Now, the Apache License itself mentions that

(d) If the Work includes a "NOTICE" text file as part of its
distribution, then any Derivative Works that You distribute must
include a readable copy of the attribution notices contained
within such NOTICE file, excluding those notices that do not
pertain to any part of the Derivative Works

and defines that

"Derivative Works" shall mean any work, whether in Source or Object
form, that is based on (or derived from) the Work and for which the
editorial revisions, annotations, elaborations, or other modifications
represent, as a whole, an original work of authorship. For the purposes
of this License, Derivative Works shall not include works that remain
separable from, or merely link (or bind by name) to the interfaces of,
the Work and Derivative Works thereof.

So, the way I'm reading this is that a plain 'linked' dependency is not a Derivative Work and there is no reason to consider the NOTICE file.

Is it legally required to take into account the NOTICE files for unmodified JAR dependencies which are under Apache License?

http://www.apache.org/dev/licensing-howto.html#mod-notice mentions that

Do not add anything to NOTICE which is not legally required.

Issue Links

• relates to: NETBEANS-826 commons-compress-1.8.1.jar license/notice
• relates to: NETBEANS-827 commons-net-3.6.jar license/notice