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From Cliff Schmidt <>
Subject Re: a few steps before approving a project
Date Thu, 01 Sep 2005 17:50:20 GMT
Remember that putting "code" through incubation (as opposed to a
"community") can be a really fast process -- as fast as someone can
give a solid account to the Incubator PMC of the audit trail of the

But, yes -- it sounds like such a thing probably should have been
brought through the Incubator.  In this case, speaking as a member of
the Incubator PMC and as the Legal Affairs guy, I would ask the
following questions:

1. Are you the author of all the code?  Are you sure none of the code
is a derivative work of some other IP not owned by you?
2. Are you sure your employer (if any) doesn't have a claim on the IP
rights associated with the code?
3. Do you already have a signed individual CLA on file with the ASF?

If the answers to all questions is "yes", I would vote that the code
should immediately "graduate" from incubation.  If that was the
consensus of the rest of the PMC, it would be that quick.

If the answer to one or more of the questions was not simply "yes",
then there might be another step or two, such as requiring you or your
employer to sign and submit a "software grant".  Some folks might say
you always have to sign and submit a software grant for all large
contributions, but with my Legal Affairs hat on, I'm not aware of why
that would be necessary if the answer to all questions above is "yes".


On 9/1/05, James Carman <> wrote:
> So, does that mean that Jakarta Commons Proxy will have to go through the
> Incubator?  Right now, it's a commons sandbox project, so it's not
> officially supported.  The code first lived in my "syringe" project I
> created over at  It was all developed by me under the Apache
> License 2.0.  Will Commons Proxy have to go through the Incubator to get
> into commons proper?  Or, should it be in the incubator now?
> -----Original Message-----
> From: Sam Ruby []
> Sent: Thursday, September 01, 2005 9:08 AM
> To:
> Subject: Re: a few steps before approving a project
> Sanjiva Weerawarana wrote:
> > On Wed, 2005-08-31 at 11:43 -0700, Justin Erenkrantz wrote:
> >
> >>The Incubator's charter from the board says:
> >>        <>
> >>
> >>        RESOLVED, that the Apache Incubator PMC be and hereby is
> >>        responsible for the acceptance and oversight of new products
> >>        submitted or proposed to become part of the Foundation; and be
> >>        it further
> >>
> >>Previously, the board had to deal with this directly.  The board delegated
> >>this to the Incubator PMC.
> >
> > Whoa. I had understood this as "incoming external projects" instead of
> > any in-bred ones.
> >
> > So by your (and Jim's) interpretation, we did Axis2 wrong?? We started
> > that with people who were Axis committers and started with no external
> > code contrib from anyone. We didn't go thru the incubator - just created
> > an SVN tree and started hacking.
> >
> > Are you guys saying that that was wrong and that the incubator had to
> > get involved to teach us the Apache way? Huh?
> >
> > Can we get board clarification on this please? Reading the above
> > resolution that is by no means clear, at least to me.
> If the SVN tree was always on ASF infrastructure, the code was always
> under the Apache License, and the committers were all ASF committers,
> then no trip through the incubator is necessary.
> If any ONE of these things are not true (example: code on CodeHaus
> created by ASF committers with Apache license), then incubator needs to
> be involved to ensure that there is a proper audit trail.
> - Sam Ruby
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