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From jan i <j...@apache.org>
Subject Re: Copyright notices
Date Fri, 13 Feb 2015 11:14:18 GMT
On 13 February 2015 at 11:49, Peter Kelly <pmkelly@apache.org> wrote:

> > The ICLA transfers ownership to Apache
>
> This is contrary to my understanding. In section 2 ("Grant of Copyright
> License”) of the ICLA it specifically says that the signer agrees to
> *license* the code to Apache; I understood this as not indicating transfer
> of *ownership*. If ownership transfer was taking place, it seems the
> license grant would be unnecessary?
>

The world starts a bit different, you donated the code to ASF, you did not
just give ASF a right to use.


>
> I also came across the following comment by Bertrand Delacretaz on a
> mailing list archive:
>
> http://comments.gmane.org/gmane.comp.apache.legal.discuss/97
>
> "No - as per http://www.apache.org/licenses/icla.txt ("2. Grant of
> Copyright License") which is what committers sign, they only grant a
> copyright license to the ASF, but all committers keep copyright ownership
> of their contributions."
>

Remark the work "copyright", that is not the same as ownership of the code.

You do have in reality shared copyright with apache (meaning both have
equal rights in terms of copyright), but you donated the code to asf
(meaning you cannot take your code and walk away, which would be possible
if you owned the code).

But the whole theme is pretty complex, as you can see from the mail
archives, let me give you some of the highlights I have picked up:
- Apache wants to own the code, so there are no discussion about ownership
in case of legal problems. Just think about if 1 developer in a project
removes ASF right to use the code.
- Apache acknowledges the author by giving him full copyright. ASF
Copyright is only against 3parties to ensure the code is not misused
- ALv2 allows third party (downstream) to do pretty much what they want to
do with the code, as long as the acknowledge ASF and thereby the author.

rgds
jan i.

>
> —
> Dr Peter M. Kelly
> pmkelly@apache.org
>
> PGP key: http://www.kellypmk.net/pgp-key <http://www.kellypmk.net/pgp-key>
> (fingerprint 5435 6718 59F0 DD1F BFA0 5E46 2523 BAA1 44AE 2966)
>
>

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