Confusion if you are using the Apache 2.0 vs. a non-Apache modified Apache license (which cannot be called so)

[pombredanne]

Description of Issue

In animMapper.cpp there is a notice where the files claims to be licensed under the Apache-2.0 license and at the same time asserts that the license has been modified. I think that you cannot have it both ways: either you are using the Apache license or you are not. If it is modified this is not longer the Apache license. See the ASF discussion on this topic at https://www.apache.org/foundation/license-faq.html#mod-license

May I re-use (and modify) the Apache License 2.0 itself?¶

Yes, you are allowed to re-use and modify it. You obviously can't hold the ASF legally responsible if this document, with or without changes, is not exactly what you intend it to be. We recommend that you obtain your own legal advice so you know exactly what you are getting yourself into.

And if you adapt the agreement for your purposes, you have to make sure that the phrase 'Apache License', 'Apache', or any confusingly similar references or parts that specifically refer to the Apache organization do not appear in your version of the license (except to note that your version is derived and differs from the original provided by the ASF).

It looks to me that your notice may not meet these requirements and I would suggest that you reconsider this and either stop calling this Apache-2.0 or use the standard unmodified Apache-2.0 license (which would be a preferred outcome)

For reference, see another case reported here by @hen https://github.com/palantir/blueprint/issues/3384 and https://github.com/palantir/blueprint/issues/2602 by me and this https://github.com/palantir/blueprint/pull/2638

An example of a problematic header is found at https://github.com/PixarAnimationStudios/USD/blob/71b4baace2044ea4400ba802e91667f9ebe342f0/pxr/usd/usdSkel/animMapper.cpp is reproduced below:

//
// Copyright 2016 Pixar
//
// Licensed under the Apache License, Version 2.0 (the "Apache License")
// with the following modification; you may not use this file except in
// compliance with the Apache License and the following modification to it:
// Section 6. Trademarks. is deleted and replaced with:
//
// 6. Trademarks. This License does not grant permission to use the trade
//    names, trademarks, service marks, or product names of the Licensor
//    and its affiliates, except as required to comply with Section 4(c) of
//    the License and to reproduce the content of the NOTICE file.
//
// You may obtain a copy of the Apache License at
//
//     http://www.apache.org/licenses/LICENSE-2.0
//
// Unless required by applicable law or agreed to in writing, software
// distributed under the Apache License with the above modification is
// distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY
// KIND, either express or implied. See the Apache License for the specific
// language governing permissions and limitations under the Apache License.

[pombredanne]

See also another ticket that I filed a few years back there https://github.com/PixarAnimationStudios/ruby-jss/issues/27

[jilliene]

Filed as internal issue #USD-6382

[c64kernal]

Thanks for raising the concern. After reviewing, we believe the title in the license.txt file “Modified Apache 2.0 License” is accurate.

[justinmclean]

This is still a violation of the Apache trademark, you can't modify the license and still use the Apache in its name. Please re-open and fix this issue.

[c64kernal]

While we continue to disagree with this assessment, we will escalate this matter within our organization to try to address your concerns.

[justinmclean]

Thanks for reopening. BTW this issue has been brought to the ASF members and boards attention.

[justinmclean]

See also https://github.com/licensee/licensee/issues/474