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From "John D. Ament" <johndam...@apache.org>
Subject Re: Software Grants for GitHub Projects...
Date Sun, 01 Feb 2015 19:12:28 GMT
On Sun Feb 01 2015 at 1:05:10 AM Alex Harui <aharui@adobe.com> wrote:

>
>
> On 1/31/15, 9:09 AM, "Benson Margulies" <bimargulies@gmail.com> wrote:
>
> >On Sat, Jan 31, 2015 at 11:32 AM, Matt Franklin
> ><m.ben.franklin@gmail.com> wrote:
> >> On Sat Jan 31 2015 at 11:22:15 AM Benson Margulies
> >><bimargulies@gmail.com>
> >> wrote:
> >>
> >>> On Sat, Jan 31, 2015 at 10:55 AM, James Carman
> >>> <james@carmanconsulting.com> wrote:
> >>> > Are there guidelines for these "usual considerations"?
> >>>
> >>>For all the small stuff, the safe path is to get an ICLA from each
> >>> committer, and an email message positively stating an intent to donate
> >>> the code.
> >>
> >>
> >> Yes, this is the safest approach; but, may not be necessary for changes
> >> that do not represent significant IP.  For instance, our projects accept
> >> minor contributions through JIRA, without an ICLA.
> >
> >There's a critical distinction here. Once you have released a product
> >under the Apache license, people can contribute new things to it under
> >the terms of the license. The license has very specific language: if
> >you take code from us, and then send us a contribution (email, JIRA,
> >github PR, carrier pigeon) that is a derivative of what you took, you
> >are granting the code to the Foundation.
> >
> >That doesn't help with the initial import of a project from github or
> >bitbucket or Jupiter or Mars; none of those contributions met the
> >criteria in the license of sending a contribution back to the
> >Foundation, because the code wasn't here in the first place.
>
> Just curious, what if the code was under AL but not at Apache?
>

The license is pretty clear about this:

*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.

So basically, anything you contribute back is assumed to be under the
Apache license, unless you (the author) say otherwise or there's some other
license in play (The apache license doesn't supersede other licenses). Of
course you should consult with legal counsel before making any
contributions though.  I think to Benson's point, The ASF requires that any
incoming code was put in under that license agreement or there's a SGA
stating the prior license can be converted.

John


>
> -Alex
>
>
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