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From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: Thrift release legal issues
Date Mon, 17 Aug 2009 00:38:39 GMT
----- Original Message ----

> From: Ralph Goers <ralph.goers@dslextreme.com>
> To: general@incubator.apache.org
> Cc: Legal Discuss <legal-discuss@apache.org>
> Sent: Sunday, August 16, 2009 8:13:37 PM
> Subject: Re: Thrift release legal issues
> 
> See below. First, this should have been asked on legal-discuss.  Second, the 
> answers below are just my opinion.
> 
> On Aug 16, 2009, at 4:24 PM, Joe Schaefer wrote:
> 
> > I'm trying to coax out a release of Apache Thrift and ran into a
> > few obstacles.  Maybe you can offer me a little guidance?
> > 
> > First, I found that the CCLA from Facebook excludes
> > contributions from 3rd parties who wrote code for Thrift
> > prior to the move to Apache.  With the exception of imeem.com,
> > all of the corporate entities appear to have a CCLA on file
> > with us.  I've attempted to contact the folks from imeem.com
> > to request that a CCLA be filed for their Thrift work.
> > 
> > I've also found that there are 6 individuals listed in the
> > Facebook CCLA who do not have ICLAs with us and have accordingly
> > contacted them as well.
> 
> Was the Facebook CCLA a software grant and were the 6 individuals Facebook 
> employees (if not, why were they listed in the CCLA)?

They were not Facebook employees.  The individuals in question were listed
as exclusions to the covered contributions. See

https://svn.apache.org/repos/private/documents/cclas/facebook-2.pdf


> If they did their 
> development on behalf of Facebook then as I understand it Facebook owns the 
> rights to the software and ICLAs shouldn't be required. The software grant from 
> Facebook would be enough.

It isn't.

> 
> > 
> > So the first question is: do we have any contingency strategies
> > for the likely situation where not all past contributors to Thrift
> > will have paperwork on file in the near future?  Can Thrift still
> > cut a release or does that block it?  Thrift was in fact an open
> > source project prior to coming here, and it *has* released stuff under
> > an alternate license.  Does that mitigate the issue at all?
> 
> See my comment above.
> 
> > 
> > The second question regards the LICENSE file.  I'm accustomed to
> > seeing all the licenses for all the code to be distributed listed
> > in the LICENSE file, but don't see anywhere within the Incubator
> > docs that this concept is mandatory.  I've been pushing Thrift to
> > do this because that's the way I've usually seen it done but the
> > idea hasn't gained any traction with the thrift devs yet.  Is there
> > such a policy, does it simply constitute best practice, or am I
> > barking up the wrong tree?
> 
> I was under the impression the LICENSE file should contain the Apache license. 
> All other licenses should be referenced in the NOTICE file. See 
> http://www.apache.org/licenses/.

That's not the way the Apache HTTPD Server manages their LICENSE file.
Each 3rd party component's corresponding license is included in the
LICENSE file.

> 
> > The third issue is that Thrift intends to distribute with an LGPL
> > dependency on their build system.  I'm familiar with the scary language
> > adopted by the legal team regarding the LGPL, but don't consider this
> > situation to be problematic since it's just a few Makefiles and such.
> > Will I need to get special permission from legal for this?
> 
> If they are using Maven 2 and if the LGPL dependency is referenced as a 
> dependency in the pom such that it is downloaded during the build and is not 
> distributed with Apache software (or if the build process is functionally 
> equivalent to this), I personally would have no problem with it being used as 
> part of the build.

It's a C-style project, with C-style Makefiles.  Nothing is downloaded during
the build process- the LGPL'd Makefiles in question are in subversion and to
be distributed within a release package.


      

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