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From Curt Arnold <carn...@apache.org>
Subject Re: Uneasiness with use of github for experimentation
Date Fri, 07 Aug 2009 12:45:22 GMT

On Aug 7, 2009, at 1:23 AM, Paul Davis wrote:

> A few shapeless and incomplete thoughts leap to mind:
>
>>
>> As previously mentioned, the JIRA does have an checkbox to indicate  
>> that a
>> contribution is intended as a contribution.  That is intended as a
>> reinforcement (or an explicit refutation) of the implied license  
>> for things
>> posted on the mailing lists or in Bugzilla (which lacks the  
>> checkbox).  The
>> implied license for contributions comes from item 5 in the ASL.
>>
>>
>>   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.
>>
>
> As I read this, anyone that submits a patch to me on github has
> granted ASF license to that contribution unless they specifically
> state that their contribution was not intended for inclusion. Its
> still my ass on the line as a committer if I put something in SVN that
> violates this agreement. The radio button on JIRA is not an absolute
> requirement for inclusion.

They have granted you (the Licensor in the case of a project fork  
which work on github looks like) a license to use the code under the  
ASL.  That would give you the rights to relicense it to the ASF.   
However, the ASF loses the record of the initial contribution.  The  
ASF would be unlikely be covered if there was a problem since the ASF  
relied on your assertion that it was your original work, however you  
would be on the line and the project and users could suffer.

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