incubator-general mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From Hadrian Zbarcea <hzbar...@gmail.com>
Subject Re: Software Grants for GitHub Projects...
Date Mon, 02 Feb 2015 14:08:13 GMT

On 02/01/2015 03:19 PM, Benson Margulies wrote:
> On Sun, Feb 1, 2015 at 2:12 PM, John D. Ament <johndament@apache.org> wrote:
>> On Sun Feb 01 2015 at 1:05:10 AM Alex Harui <aharui@adobe.com> wrote:
>>
>>>
>>> On 1/31/15, 9:09 AM, "Benson Margulies" <bimargulies@gmail.com> wrote:
>>>
>>>> On Sat, Jan 31, 2015 at 11:32 AM, Matt Franklin
>>>> <m.ben.franklin@gmail.com> wrote:
>>>>> On Sat Jan 31 2015 at 11:22:15 AM Benson Margulies
>>>>> <bimargulies@gmail.com>
>>>>> wrote:
>>>>>
>>>>>> On Sat, Jan 31, 2015 at 10:55 AM, James Carman
>>>>>> <james@carmanconsulting.com> wrote:
>>>>>>> Are there guidelines for these "usual considerations"?
>>>>>> For all the small stuff, the safe path is to get an ICLA from each
>>>>>> committer, and an email message positively stating an intent to donate
>>>>>> the code.
>>>>>
>>>>> Yes, this is the safest approach; but, may not be necessary for changes
>>>>> that do not represent significant IP.  For instance, our projects accept
>>>>> minor contributions through JIRA, without an ICLA.
>>>> There's a critical distinction here. Once you have released a product
>>>> under the Apache license, people can contribute new things to it under
>>>> the terms of the license. The license has very specific language: if
>>>> you take code from us, and then send us a contribution (email, JIRA,
>>>> github PR, carrier pigeon) that is a derivative of what you took, you
>>>> are granting the code to the Foundation.
>>>>
>>>> That doesn't help with the initial import of a project from github or
>>>> bitbucket or Jupiter or Mars; none of those contributions met the
>>>> criteria in the license of sending a contribution back to the
>>>> Foundation, because the code wasn't here in the first place.
>>> Just curious, what if the code was under AL but not at Apache?
>>>
>> The license is pretty clear about this:
>>
>> *5. Submission of Contributions*. Unless You explicitly state otherwise,
>> any Contribution intentionally submitted for inclusion in the Work by You
>> to the Licensor shall be under the terms and conditions of this License,
>> without any additional terms or conditions. Notwithstanding the above,
>> nothing herein shall supersede or modify the terms of any separate license
>> agreement you may have executed with Licensor regarding such Contributions.
>>
>> So basically, anything you contribute back is assumed to be under the
>> Apache license, unless you (the author) say otherwise or there's some other
>> license in play (The apache license doesn't supersede other licenses). Of
>> course you should consult with legal counsel before making any
>> contributions though.  I think to Benson's point, The ASF requires that any
>> incoming code was put in under that license agreement or there's a SGA
>> stating the prior license can be converted.
> Note the phrase, "intentionally submitted for inclusion in the Work by
> You _to the Licensor_". Who is the licensor for a body of work not at
> Apache? The process has to start with a clear ownership of copyright
> -- the licensor. The purpose of the SGA, I think, is to get a clear
> answer to that question. You might be able to argue that a particular
> github repo is made up of an initial work with a single owner, and
> then contributions to it under the terms of the AL. In which case,
> you'd just need an SGA from that original single owner. IANAL.
>
>
My understanding is that the Licensor is whomever claims to be 'it'. As 
long ans the claimant produces documentation to substantiate the claim 
that we can accept, we should be good. I don't see a need/requirement 
for the Licensor to necessarily be a legal organization. That is if it's 
not one single owner but a small group of contributors/owners, that 
should be ok too.

IANAL, $0.02,
Hadrian





---------------------------------------------------------------------
To unsubscribe, e-mail: general-unsubscribe@incubator.apache.org
For additional commands, e-mail: general-help@incubator.apache.org


Mime
View raw message