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From "Andrew McIntyre" <mcintyr...@gmail.com>
Subject Re: In-memory store implementation available for contribution
Date Tue, 23 May 2006 08:18:26 GMT
On 5/22/06, David Van Couvering <David.Vancouvering@sun.com> wrote:
> OK, thanks, I thought this was a separate effort than the one already
> contributed.
>
> If we don't get the CLA, are we able to take what he's contributed and
> run with it?  Or do we need to start from scratch?

How motivated are you to chase down the legal issues? :-)

... non-lawyer hack opinion on legal matters follows ...

I'd say that since it was definitely submitted for inclusion with the
work, as described in section 5 of the license, and that the author
clearly labelled the source for the new files as licensed under the
ASL v2.0, and that the author chose the 'grant license to ASF' option
in JIRA when contributing the files, it *might* be possible to prepare
a derivative work based on the original contribution as described in
section 2 of the Apache license.

BUT, I am not a lawyer. By my reading of the license and ICLA, it
depends on whether or not you believe the original author holds the
copyright to the contributed work, and was authorized to grant the ASF
the license as described in section 5 of the ASL without also having
sections 2, 4, and 5 of an executed ICLA in effect, and thus that the
terms of sections 2 and/or 5 of the ASL are sufficient to cover any
derivative works based on the original contribution without an ICLA in
effect. It would appear that if the person who originally submitted
the contribution holds the copyright to the contribution, and
submitted it for inclusion to the work (Derby) as per section 5 of the
ASL, then sections 2 and 5 of the ASL hold, and derivative works may
be made. I think this is a reasonable belief, considering that we have
heard that the original contributor (Stephen Fitch) created the work
in question while studying with Mr. Benoit at Acadia U..

... end worthless opinion on legal issues ...

But I AM NOT A LAWYER, nor do I claim to be one on TV or otherwise. So
what I believe isn't likely to hold up in court. Were you hoping for a
simple answer? There probably isn't one. This falls directly into a
grey area with regards to contributions apparently licensed under the
ASL by people who have not executed an ICLA, or whose work is covered
by a CCLA, and I suggest asking legal-discuss if you plan on pursuing
this further, either by yourself or with a student via SoC or
otherwise.

With my release manager hat on, though, I can say that I would not be
willing to put forth a release with a contribution whose legality is
in question. But, if you do get a resolution on the issue, please let
me know. :-)

You could ask Mr. Benoit for help in tracking down the original author
and getting him to sign an ICLA. That may not be possible at this
point, since the original author was a student at Acadia U. and may no
longer be there, but it might be worth the effort.

andrew

references:
(ASL)  http://www.apache.org/licenses/LICENSE-2.0
(ICLA) http://www.apache.org/licenses/icla.txt
(CCLA) http://www.apache.org/licenses/cla-corporate.txt

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