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From Marvin Humphrey <mar...@rectangular.com>
Subject Re: IP clearance clarification: copyright notices
Date Fri, 14 Nov 2014 20:01:58 GMT
On Fri, Nov 14, 2014 at 1:13 AM, Bertrand Delacretaz
<bdelacretaz@apache.org> wrote:

> On Thu, Nov 13, 2014 at 7:32 PM, Alex Harui <aharui@adobe.com> wrote:
>> ...Copyright law, AIUI, prevents the receiving project from moving copyrights
>> without the copyright owner’s permission.  Thus, if the donor has time to
>> insert Apache headers and move copyrights to NOTICE, that is very helpful,
>> but if the donor is short on time, he can give someone in the receiving
>> project permission to do so....
>
> Very good point, so for my point 1) above ("moving any existing
> non-Apache copyright notices to a NOTICE file") we could clarify that
> this needs to be done either by the donators before submitting their
> code, or by us with written permission from them.
>
> With people's comments here it looks like we need to clarify that
> clause indeed, I'll wait a bit for other opinions before doing that.

The two legal imperatives are:

1.  Any code we host must at all times be legal to distribute.
2.  Only the copyright owner or their authorized agent may modify copyright
    notices.

In addition, there is the policy imperative that individual ALv2 source files
must eventually contain our ASF-specific header, and the related social/policy
imperative that such files must not contain copyright notices.

An important relaxation applies during the quarantine period:

1.  While imported code must at all times be legal for us to distribute, it
    need not adhere to our policies.  For example, it may contain GPL headers.

So long as the task of modifying headers and copyright notices gets done
correctly, technically it doesn't matter whether it happens prior to the
first commit or immediately following.  I have a mild preference for capturing
such changes in version control, though, so that they may be reviewed more
easily by the PMC and documented for posterity.

Marvin Humphrey

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