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From Alex Harui <aha...@adobe.com>
Subject Re: [VOTE] Release Apache Trafodion (incubating) 1.3.0-incubating (RC4)
Date Fri, 20 Nov 2015 06:30:45 GMT


On 11/19/15, 7:42 PM, "Justin Mclean" <justin@classsoftware.com> wrote:

>Hi,
>
>> As for #4 - the pictures were taken by someone in our organization.  I
>>will
>> tell him that they look professional -:) They are not licensed or
>>anything, just personal photos.
>
>If they are fine with them being distributed then that's all good IMO.
>You may want to add something in LICENSE.

And you may want/need official documentation that is ok for them to be
distributed.  And maybe even under what license and whether they are
contributing/licensing the photos to Apache.

True story:  Person C writes some code.  Company M acquires Person C and
his code.  A team is formed, more code is added.  Company A acquires
Company M.  Even more code is added.  Person C leaves Company A.  Company
A decides to donate all of that code to the ASF.  OMG! The acquisition
agreement for Person C and his code only licensed the code to Company M,
it did not explicitly grant the right to re-license that code to the ASF!
Hunt down person C and get signed agreement that Company A can re-license
Person C's code.  OMG!  Person C's copyright notices are still in the
files!  Person C is not a committer so he can't move the copyrights to
NOTICE.  Must ask person C for written permission to do so.

AIUI, if I take a photo as part of my job, maybe to create some test
media, my employee agreement says that my employer has copyright of that
work.  But if I bring in a photo from one of my trips, I probably own
copyright.  I can say my company can use it, but the terms are not clear.
It might be ok since our test media is in-house, but do I want it in an
ASF repo where everyone else can copy it and modify it?  What if people
start adding mustaches to my wedding photos!  And technically, since I own
that photo, the software grant cannot license it to the ASF, and since I
did not explicitly assign an ASF-compatible license to it, the ASF can't
just use it.  The template for adding something to LICENSE includes the
license it is under.

So, if this is a personal photo, I think you have the following choices:
1) Ignore me, since really, it is a lot of hassle, and what is the
likelihood something bad will happen?
2) Have the photographer send an email to your dev@ list saying that it is
under (choose an ASF-compatible license)
3) (Optional) Further have the photographer add in the email that they
donate/license the photos to the ASF.  This is optional because you can
always treat the photos as 3rd-party.
4) Replace the photos.

I don't know how strict the ASF wants to be on things like test media
photos.  If you choose #1, I won't know about it unless it gets brought up
on this list.  I'm just offering up what I've learned from several
software grants and IP clearances.

My mental model is that every contribution/pixel/line-of-code is
owned/copyrighted by some person or entity under some license (or no
license in which case no permissions have been granted).  The ASF further
wants explicit permission from the owner for every
contribution/pixel/line-of-code that is considered part of an ASF
project's source.  Even if a line of code from outside the ASF is already
under the Apache License, the ASF considers it third-party without such
permission.  You can bundle it in your releases, but it needs to be called
out in LICENSE since its owners may have other rules on how modifications
get back to the master copy.

Of course, IANAL, and most certainly could be wrong.

-Alex

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