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From "ralph.goers @dslextreme.com" <ralph.go...@dslextreme.com>
Subject Re: DeltaSpike IP clarifications
Date Tue, 17 Jan 2012 19:33:22 GMT
I didn't mention CCLA's on purpose. A corporation will have a CCLA on file
to either a) declare that certain employees are permitted to contribute
software or b) declare that certain software is contributed to the ASF.  A
CCLA that is on file that only includes Schedule A doesn't grant the ASF
permission to use specific software created by the company. If the company
is donating the software they need to specify it. If the software is being
contributed via an ICLA then the CCLA simply says the company is giving the
contributor the right to contribute software that normally the company
would own. However, an individual should never contribute software under
their ICLA that they didn't author, unless they have explicit permission
from the other authors. For a "significant" contribution a software grant
is typically the best way to do it.

See http://incubator.apache.org/ip-clearance/index.html. The Maven project
has had several contributions over the years that were authored by
individuals who had ICLAs on file but were originally done for their
employer. In the specific case of the Maven Indexer you will find that a
CCLA was used to donate that. It had both a Schedule A to name the
individuals who created it and a Schedule B to name the software being
donated.

Ralph

On Tue, Jan 17, 2012 at 10:55 AM, Matt Benson <gudnabrsam@gmail.com> wrote:

> On Tue, Jan 17, 2012 at 12:43 PM, ralph.goers @dslextreme.com
> <ralph.goers@dslextreme.com> wrote:
> > Sorry for jumping in in the middle.
> >
> > Code contributed to Apache must be under some form of an agreement. If
> the
> > code was authored by an individual and that individual has an ICLA on
> file
> > then they can contribute the software under their ICLA. If a group of
> > developers developed something and all have ICLAs on file and want to
> > contribute it, I believe it would be acceptable but still should have a
> > Software Grant to identify all the individuals and the fact that they
> were
> > all under an ICLA. If a group of developers created something for their
> > employer and they don't have ICLAs on file then the employer needs to
> > submit a software grant.
> >
> > From the facts below it sounds like a software grant should be filed.
>
> Hi, Ralph--thanks for your participation!  For much of DeltaSpike's IP
> going forward, the situation will very likely be as you have stated.
> However, in this case, I notice you didn't mention Red Hat's CCLA.  We
> have stated assurances from Red Hat counsel and management on
> deltaspike-private to the effect that they are on board, in addition
> to the link to the very public affirmation of this fact provided by
> Gerhard.  These would seem to indicate satisfactorily that Red Hat's
> CCLA does cover these contributions, and I am therefore intending to
> call the matter of Red Hat's contributions to DeltaSpike closed.
>
> Thanks again,
> Matt
>
> >
> > Ralph
> >
> >
> >
> > On Tue, Jan 17, 2012 at 9:45 AM, Gerhard Petracek <gpetracek@apache.org
> >wrote:
> >
> >> hi matt,
> >>
> >> imo we have to care about it in case of other external contributions we
> are
> >> going to get quite soon.
> >>
> >> however, in case of seam3 i don't see any issue at all.
> >> #1 redhat has a ccla on file
> >> #2 they contacted us [1] to join forces (and they found out that the
> asf is
> >> also a great place for them to do so) and they announced it as well [2]
> >> #3 their employees who wrote the original source-code do the initial
> import
> >> after we agreed on it from a technical point of view
> >> #4 basically there isn't a license issue at all, because the
> source-code is
> >> AL v2 licensed already (@our higher quality standard: see #1-#3)
> >>
> >> if we think that #1-#4 isn't enough, imo it's faster to ask redhat to
> write
> >> a formal letter that they grant us access explicitly.
> >>
> >> for sure that's just my personal opinion.
> >>
> >> regards,
> >> gerhard
> >>
> >> [1] http://goo.gl/u3ewl
> >> [2] http://planet.jboss.org/post/seam_next_announcement
> >>
> >>
> >>
> >> 2012/1/16 Matt Benson <gudnabrsam@gmail.com>
> >>
> >> > It may also be pertinent to note that the codebases here in question
> >> > are also ALv2 licensed.
> >> >
> >> > Matt
> >> >
> >> > On Mon, Jan 16, 2012 at 1:49 PM, Matt Benson <mbenson@apache.org>
> wrote:
> >> > > Hi, all--per [1], "Generally, the mentors of a new project will need
> >> > > to consult with general@incubator.apache.org or the Apache legal
> team
> >> > > about the particular circumstances."  So, here I am.
> >> > >
> >> > > The situation can be read in detail at [2], but in short is this:
> >> > > DeltaSpike is intended to amalgamate "best of" add-on solutions from
> >> > > the Java EE community with regard to the "Contexts and Dependency
> >> > > Injection for the Java EE platform" (CDI) specification.  Thus its
> >> > > sources may incorporate code originating from numerous sources, but
> >> > > due to a number of reasons including e.g. anticipated feature
> overlap,
> >> > > it does not seem appropriate to include whole codebases under
> software
> >> > > grants.  The specific question at the moment regards code to which
> Red
> >> > > Hat holds the copyright.  The ASF has a filed CCLA from Red Hat,
> but I
> >> > > have been taking the position that we still need some form of
> >> > > assurance that code relating to CDI (primarily embodied in the
> Solder
> >> > > and Seam) projects is *specifically* approved for contribution to
> >> > > DeltaSpike.  I'll present the basic question in multiple-choice form
> >> > > (with options shown in order of difficulty):
> >> > >
> >> > > What do we need to show provenance?
> >> > >  a.  Nothing.  Stop being so damned paranoid.  The CCLA is enough.
> >> > >  b.  DeltaSpike's Red Hat-employed committers' assurance that their
> >> > > employer is "on board."
> >> > >  c.  A signed statement from Red Hat to the effect that their
> >> > > employees are authorized to contribute CDI-related code.
> >> > >  d.  A software grant for any codebase, even if we only intend to
> >> > > cherry-pick from it.
> >> > >  e.  Jim Whitehurst's eternal soul.
> >> > >  f.  Something else, namely _____.
> >> > >
> >> > > Thanks,
> >> > > Matt on behalf of DeltaSpike
> >> > >
> >> > > [1]
> >> http://incubator.apache.org/guides/mentor.html#initial-ip-clearance
> >> > > [2] http://markmail.org/thread/g65yi42mdzvq5bu2
> >> >
> >>
>
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