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From Jim Jagielski <...@jaguNET.com>
Subject Re: What is the legal basis for enforcing release policies at ASF?
Date Wed, 26 Aug 2015 12:20:01 GMT
Well, let's assume that someone donated something to the ASF
via the software grant.

There is nothing in the grant itself which turns the donation
from whatever it *was* licensed under *to* the ALv2. So if the
donation is placed, as-is, under the ASF repo, it still, as of yet,
has not been relicensed. So, if I donate FooBarski to the ASF via the
s/w grant (https://www.apache.org/licenses/software-grant.txt),
and it is GPLv3, and is then imported bit-for-bit under the
ASF repo, even though that copy is under the grant, it is still
under the GPLv3. It is only when it is re-licensed (which is what
the grant allows) does it go as ALv2.

Many podlings have this exact issue where there exists in the ASF
repo files and code which is not ALv2, and that "status" it due to
its markings as such. Those files are then re-licensed or even
removed, but the very fact that you can retrieve a file from the
ASF repo itself is not sufficient to ensure that it is ALv2.

> On Aug 25, 2015, at 6:44 PM, Benson Margulies <bimargulies@gmail.com> wrote:
> 
> The legal status of a work is not determined by the markings on it. If
> someone granted a license to the ASF, they granted a license. If a
> third party jumps the gun and grabs a copy, and complies with the
> situation, they're fine, including ripping out the obsolete markings
> for themselves.
> 
> On Tue, Aug 25, 2015 at 6:29 PM, Andrea Pescetti <pescetti@apache.org> wrote:
>> Roman Shaposhnik wrote:
>>> 
>>> On the other hand, somebody taking said snapshot and releasing it under
>>> the
>>> name Project BOO, licensed under the ALv2. Is something that both the ALv2
>>> license AND our trademark policy are totally fine with.
>> 
>> 
>> What if (not a fictional example; a real case) the code is taken from a
>> branch that comes from a recent code donation and source headers are still
>> in the process of being updated to comply with the donation? Waiting for
>> that code to be included in a formal release for sure solves the problem.
>> But if one doesn't want to wait, I wouldn't know what to suggest.
>> 
>> Regards,
>>  Andrea.


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