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From Stefan Reich <stefan.reich.maker.of....@googlemail.com>
Subject Re: Serveral legal question about donating project to Apache?
Date Thu, 18 Jun 2015 16:34:38 GMT
Sorry, but this is all too complicated. You're not a lawyer, but you let
software development be controlled by lawyers? It leads to stalemate.

Stefan

On Thu, Jun 18, 2015 at 11:21 AM, Rob Vesse <rvesse@dotnetrdf.org> wrote:

> Answers inline, please be aware IANAL so these answers are no substitute
> for getting advice from a real lawyer
>
> On 17/06/2015 17:12, "封仲淹(纪君祥)" <zhongyan.feng@alibaba-inc.com> wrote:
>
> >Hi
> >
> >
> >
> >May I ask several question about donating projects to Apache?
> >
> >Any help are appreciated. Thanks in advance.
> >
> >As we all know, the Apache is the most important open source community,
> >there are so many great projects such as Tomcat, Hadoop, Hbase, Zookeeper
> >etc.  It is proud of joining these great projects.
> >
> >We also want to donate some of our good open source projects to ASF, but
> >we
> >are a litter worry about the legal issue. I don’t know what’s the impact
> >of intelligent Properties after donation, Could anyone give me some
> >guideline or several documents ? Thanks
>
> Firstly please note that the Apache Software Foundation (ASF) does not
> accept arbitrary donations, all incoming projects need to be go through
> the Incubation Process:
>
> http://incubator.apache.org/incubation/Process_Description.html
>
> The first stage of which is starting a discussion on the
> general@incubator.apache.org list to discuss your proposed donations.
>
> A key criteria that the Incubator uses is that there must be a willingness
> to build a open community around a project.  If your intent is merely to
> open source a project or leverage the Apache brand with your company
> retaining control then your project is unlikely to be accepted by the ASF
> and you may be better simply posting it on GitHub and having the
> discussion with the Incubator Community will help you figure out what the
> best path is for your projects.
>
> >
> >
> >
> >(1) Trademark
> >
> >Will the project trademark belong to ASF or still be our company’s after
> >donation? Can we still use the old project trademark.
>
> Trademarks would be transferred to ASF as part of the donation and become
> ASF trademarks, your company can use Apache trademarks in certain ways per
> the ASF trademarks policy:
>
> http://www.apache.org/foundation/marks/faq/
>
> If you are currently marketing these products commercially then this would
> likely require some changes to how you market and brand your products.
>
> >
> >
> >
> >
> >(2) Patent
> >
> >We have own several patent on these open source projects, if we donate
> >these
> >project, what’s the patent going on. Does we give up all patent claim?
>
> No you don't give up the claims BUT per Clause 3. Grant of Patent License
> in the Apache License 2.0 contributors grant a license to all downstream
> users of the project to any applicable patents:
>
> http://www.apache.org/licenses/LICENSE-2.0#patent
>
> >
> >
> >
> >(3) Agreement
> >
> >Which agreements should we sign? Right now, we need sign
> ><http://www.apache.org/licenses/cla-corporate.txt> Corporate CLA and
> ><http://www.apache.org/licenses/software-grant.txt> Software Grant
> >Agreement
> >(SGA). Is there any other agreement should we sign?
>
> To donate a project then you would have to sign the SGA
>
> The Corporate CLA is an optional document typically used when you employ
> people who contribute to Apache projects and your companies IP policies
> would usually assign IP in any work employees do to the company
>
>
>
> >
> >
> >
> >(4) Who own the source code?
> >
> >Does the code belong to ASF or still be our company?
> >
> >
>
> The ASF owns the copyright for the collective work
>
> Individual contributors retain copyright to their individual contributions
> (note that contributions are not necessarily just code), through Clause 2
> Grant of Copyright License of the Apache License 2.0 the contributors
> grant a copyright license to all downstream users of the code:
>
> http://www.apache.org/licenses/LICENSE-2.0#copyright
>
> Hope this helps,
>
> Rob
>
> >
> >
> >
> >
> >
> >Thanks in advance.
> >
> >Longda
> >
> >
> >
>
>
>
>
>
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