incubator-general mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From "Michael Martin (Legal)" <mfmar...@verizonmedia.com.INVALID>
Subject Re: [VOTE] Release Apache DataSketches-java 1.3.0-incubating-RC1
Date Mon, 04 May 2020 19:55:26 GMT
Hello all:

I'm joining this chain to help address a question that was raised regarding
copyright ownership in the context of the accuracy of the NOTICE file.

My understanding is that when Datasketches joined the incubator, Verizon
Media granted an irrevocable license to its copyright in the datasketches
code (same as any contributor would).  Near simultaneously we authorized a
number of Verizon Media employees, including Lee, to make contributions to
the Datasketches project at Apache through a set of ICLAs.

I find no record of Verizon Media or its predecessors (including Yahoo and
Oath) having assigned copyright to Apache, either with respect to the code
that existed at the time the project joined the incubator or with respect
to the authorized contributions made by Lee and others since then.  And to
be clear, pursuant to the terms of their employment agreements, neither Lee
nor any of the other Verizon Media employees contributing to the project
actually own copyright to their contributions.  Verizon Media owns that
copyright.

It was this understanding that led to the form of the NOTICE file that Lee
has been using for some time on this project.

I see the suggestion that Verizon Media "should have stopped claiming"
copyright when the code was donated.  To be clear, Verizon Media has no
intent of withholding its copyright in the project, and even if it did the
terms of the license granted are irrevocable.  But the premise of the
suggestion is curious to me as a lawyer because copyright is not something
that needs to be claimed; rather, under United States law at least, it
vests inexorably whenever an original creation is fixed in a tangible
medium of expression.  So I do not understand Lee's NOTICE file as a
"claim" *per se*, but rather as a notice that is factually accurate.

Last, but not least, let me point out that Section 4 of the ICLAs that Lee
and other Verizon Media employees have signed do not appear to require
assignment or waiver of copyright ownership.  (I've highlighted the "or" in
boldface.)  My understanding is that we've been operating here with the
understanding that Lee and others who have executed ICLAs have received
permission to make Contributions to the Foundation.  (Which, to be clear,
they have.)

If your employer(s) has rights to intellectual property that you create
> that includes your Contributions, you represent that you have received
> permission to make Contributions on behalf of that employer, that your
> employer has waived such rights for your Contributions to the Foundation,
> *or* that your employer has executed a separate Corporate CLA with the
> Foundation.
>

Am I missing something or is Lee's NOTICE file not rigorously correct under
the circumstances?

On Sun, May 3, 2020 at 12:19 PM leerho <leerho@gmail.com> wrote:

> John,
>
> Thank you for your vote.
>
> With respect to the src/test/resources/*.bin files:
>
> As I stated earlier in this thread:
>
> Those bin files are not compiled source code but are representative binary
>> output images of sketch data structures that fall into one of 2 cases:
>>
>>    - Sketch images produced by C++.  This allows us to validate
>>    cross-language binary compatibility.
>>
>>
>>    - Sketch images produced by earlier versions of the source code.
>>    This allows to to validate forward compatibility.
>>
>> I don't know how to state it more clearly: These files are *static*
> *data* *files*.  They are not compiled source code of any language.  They
> are not executable.  We used the extension ".bin" to indicate that they are
> binary files and not human readable.
>
> Quoting from Oracle documentation
> <https://docs.oracle.com/javase/8/docs/technotes/guides/lang/resources.html>,
> "A *resource* is data (images, audio, text, and so on) that a program
> needs to access in a way that is independent of the location of the program
> code."  And the *resources directories*, such as "*src/test/resources/*"
> provide a *location-independent access* to *resources*.  That is why
> these *data files* are located there.
>
> To remove these files would impair our ability to do cross-language and
> forward compatibility testing.
>
> Static data is a valid component of source code. Therefore, having static
> data as part of our software is not an issue that needs to be addressed in
> the DISCLAIMER-WIP, nor is it an issue that "needs to be cleaned up".
>
> ******
>
> Copyright should have stopped claiming by Verizon Media when the code was
>> donated, so listing an end date there would be preferred (though unless
>> the
>> project was called DataSketches at Yahoo/Verizon Media those lines are
>> incorrect).
>
>
> With respect to your interpretation of the copyright license as a
> "donation" and that Verizon Media no longer has any claim of copyright
> ownership of the contributed code I have added our Intellectual Property
> attorney, Michael Martin, to this thread.
>
> If he has time to respond, he may offer a different opinion.
>
> Best regards,
>
> Lee.
>
> On Sat, May 2, 2020 at 12:59 PM John D. Ament <johndament@apache.org>
> wrote:
>
>> Hi,
>>
>> Thank you for clarifying.
>>
>> +1 to release from me, however, I would like to see you guys clean up
>> src/test/resources/*.bin for your next release.  In addition, your
>> DISCLAIMER-WIP should list these files as an issue.
>>
>> Thanks,
>>
>> John
>>
>> On Sat, May 2, 2020 at 2:12 PM leerho <leerho@gmail.com> wrote:
>>
>> > My error.  I didn't realize sending it to both dev@ and general@ would
>> > cause this confusion.  I will not do this again.
>> >
>> > Lee.
>> >
>> > On Sat, May 2, 2020 at 11:06 AM Furkan KAMACI <furkankamaci@gmail.com>
>> > wrote:
>> >
>> > > Hi John,
>> > >
>> > > I don't wanna hijack the vote thread but release candidate has already
>> > > voted at dev list. So, I've dropped the dev mail list from Cc when I
>> > reply
>> > > to it. Mail should not have been sent to both mailing list.
>> > >
>> > > Kind Regards,
>> > > Furkan KAMACI
>> > >
>> > > On Sat, May 2, 2020 at 7:56 PM John D. Ament <johndament@apache.org>
>> > > wrote:
>> > >
>> > > > Hi,
>> > > >
>> > > > This vote is a little confusing.  Are you trying to run this
>> > concurrently
>> > > > on both general@incubator and dev@datasketches?
>> > > >
>> > > > Thanks,
>> > > >
>> > > > John
>> > > >
>> > > > On Fri, May 1, 2020 at 6:09 PM leerho <leerho@gmail.com> wrote:
>> > > >
>> > > > > Hello IPMC and Apache DataSketches Community,
>> > > > >
>> > > > > 1. This is a call for vote to release Apache DataSketches-java
>> > version:
>> > > > >  1.3.0-incubating-RC1
>> > > > >
>> > > > >     NOTE 1: This is the core Java component of the DataSketches
>> > library
>> > > > > that includes all the sketch algorithms in production-ready
>> packages.
>> > > > These
>> > > > > sketches can be called directly from this component or used in
>> > > > conjunction
>> > > > > with the adaptor components such as Hadoop Pig, Hadoop Hive,
or
>> the
>> > > > > aggregator adaptors built into Apache Druid.
>> > > > >
>> > > > >     NOTE 2: This release contains a critical fix for a recently
>> > > > discovered
>> > > > > bug identified by Druid Issue #9736.
>> > > > >
>> > > > >   A. Results from the PPMC vote:
>> > > > >
>> > > > >      - 1 (+1 binding) vote, 2 (+1 non-binding) votes
>> > > > >
>> > > > >      - The vote thread can be found at the Permalink:
>> > > > >
>> > > > >
>> > > > >
>> > > >
>> > >
>> >
>> https://lists.apache.org/thread.html/r6a69c6689ec303fc2df83ea483b87166b0b1d14422a2803b881b87ef%40%3Cdev.datasketches.apache.org%3E
>> > > > >
>> > > > >   B. Testing/actions/votes performed by the voters in the PPMC
>> Stage
>> > 1:
>> > > > >
>> > > > >     - Alexander Saydakov (+1 non-binding)
>> > > > >       Checked:
>> > > > >       - verified gpg signature
>> > > > >       - checked sha512
>> > > > >       - mvn test
>> > > > >
>> > > > >     - Jon Malkin (+1 non-binding)
>> > > > >       - verified signature
>> > > > >       - check sha512
>> > > > >       - mvn test
>> > > > >       - mvn package
>> > > > >
>> > > > >     - Furkan Kamachi (+1 binding)
>> > > > >       I checked:
>> > > > >       - Incubating in name
>> > > > >       - DISCLAIMER-WIP exists
>> > > > >       - LICENSE and NOTICE are fine
>> > > > >       - No unexpected binary files
>> > > > >       - Checked PGP signatures
>> > > > >       - Checked Checksums
>> > > > >       - Code compiles and tests successfully run
>> > > > >       - Apache rat checks are OK
>> > > > >
>> > > > > 2. Source repository:
>> > > > >     - https://github.com/apache/incubator-datasketches-java
>> > > > >
>> > > > >     Git Tag for this release:
>> > > > >     -
>> > > > >
>> > > > >
>> > > >
>> > >
>> >
>> https://github.com/apache/incubator-datasketches-java/tree/1.3.0-incubating-RC1
>> > > > > on branch 1.3.X-incubating
>> > > > >
>> > > > >     Git HashId for this release starts with: cb733b3
>> > > > >
>> > > > > 3. The Release Candidate / Dist (Zip Repository):
>> > > > >     -
>> > > > >
>> > > > >
>> > > >
>> > >
>> >
>> https://dist.apache.org/repos/dist/dev/incubator/datasketches/java/1.3.0-incubating-RC1/
>> > > > >
>> > > > >     The public signing key can be found in the KEYS file:
>> > > > >     -
>> > > https://dist.apache.org/repos/dist/dev/incubator/datasketches/KEYS
>> > > > >
>> > > > >     The artifacts have been signed with --keyid-format SHORT
:
>> > 8CD4A902
>> > > > >
>> > > > > 4. Repository: [Nexus](http://repository.apache.org) (Jar
>> > Artifacts):
>> > > > >     -
>> > > > >
>> > > > >
>> > > >
>> > >
>> >
>> https://repository.apache.org/content/groups/staging/org/apache/datasketches/datasketches-java/1.3.0-incubating/
>> > > > >
>> > > > > 5. Build & Test Guide:
>> > > > >     -
>> > > > >
>> > > > >
>> > > >
>> > >
>> >
>> https://github.com/apache/incubator-datasketches-java/blob/1.3.0-incubating-RC1/README.md
>> > > > >
>> > > > > 6. This is the 2nd stage vote:
>> > > > >    - This voting process will remain open for at least 72 hours
>> > > > >      and until at least 3 (+1) IPMC votes or a majority of (+1)
>> are
>> > > > > acquired.
>> > > > >
>> > > > > Please vote accordingly:
>> > > > >
>> > > > >     [ ] +1 approve
>> > > > >     [ ] +0 no opinion
>> > > > >     [ ] -1 disapprove with the reason
>> > > > >
>> > > > > Thanks,
>> > > > > Lee Rhodes
>> > > > > leerho@apache.org
>> > > > >
>> > > >
>> > >
>> >
>>
>

-- 
<http://www.verizonmedia.com>

Michael F. Martin

Associate General Counsel

+1 408-349-4106
Sunnyvale, California

Mime
  • Unnamed multipart/alternative (inline, None, 0 bytes)
View raw message