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From Shane Curcuru <...@shanecurcuru.org>
Subject Re: Request for advice on code donation
Date Thu, 21 Jan 2016 02:07:16 GMT
Alex has it right, and it's important to remember that the ASF never
asks for copyright assignment of code; we only ask for an SGA grant or a
voluntary submission from a contributor of ICLA signer.  We only want a
license to be able to ship the eventual Apache project under the Apache
License v2.0.

The details on Apache source header policy, for posterity:

  http://www.apache.org/legal/src-headers.html

- Shane

Alex Harui wrote on 1/15/16 11:32 AM:
> AIUI, copyrights never get re-assigned.  There is a collective copyright
> for the collective work, but each line of code is still owned by some
> entity/person that contributed it.
> 
> Copyright law apparently only allows the copyright owner or a person they
> authorize to muck with copyright statements in headers, and since Apache
> prefers that copyright notices go in the NOTICE file, it is a good thing
> if every copyright owner is a committer so they can muck with the header
> themselves.  But for sure, in one case, I have gotten permission from the
> copyright holder to make the changes since they did not want to be a
> committer.
> 
> The SGA grants permission for the code to be licensed under ALv2, so is
> not fully required when the donated code base is already under ALv2.  In
> such a case it sort of provides a paper trail that the code base
> participants/community are ok with moving the "home" of the code to ASF
> repos.  There is a recent thread on that.
> 
> So, IMO, the only gotchas in this case are if the headers have this
> individual's copyright in it and we want it moved to NOTICE.  And if this
> individual or his employer somehow tries to argue that they did not intend
> to allow the contributions to be under ALv2 in the first place, or doesn't
> want the ASF to be the new home for this code, which seems unlikely.
> 
> HTH,
> -Alex
> 
> On 1/15/16, 5:21 AM, "Josh Elser" <josh.elser@gmail.com> wrote:
> 
>> Thanks, Greg.
>>
>> I thought the whole point of this part of the process was that we could
>> assign the copyright from the original contributors to the ASF - the thing
>> that licenses wouldn't be covering. That's great that this isn't a
>> sticking
>> point, I'm just honestly a bit confused.
>> On Jan 15, 2016 12:15 AM, "Greg Stein" <gstein@gmail.com> wrote:
>>
>>> Exactly ... just bring the work into the ASF under its ALv2 license. You
>>> don't need permission from (all) contributors to use the software under
>>> that license. That's *why* we have licenses!
>>>
>>> Rewriting the headers is a little trickier, though. I'd suggest a two
>>> step
>>> process:
>>>
>>> 1) bring in the code, but don't (yet) touch any of the license/copyright
>>> headers in there
>>> 2) ask legal-discuss what to do with the headers
>>>
>>> Cheers,
>>> -g
>>>
>>> ps. I'd think: for any file jbnote touched, keep/push the existing
>>> header
>>> down and prepend the standard ASF header; all other untouched files,
>>> replace any header with ours.
>>>
>>>
>>> On Thu, Jan 14, 2016 at 1:37 PM, Alex Harui <aharui@adobe.com> wrote:
>>>
>>>> Looks like the repo was placed under the Apache License long before
>>> this
>>>> individual contributed.  So, IMO, if you are convinced this individual
>>> and
>>>> his employer knew his contributions were placed under the Apache
>>> License
>>>> you could gamble and accept his contributions.  If you get an
>>> objection
>>>> later, you can delete and re-implement the contributions.
>>>>
>>>> My 2 cents,
>>>> -Alex
>>>>
>>>> On 1/14/16, 10:45 AM, "Josh Elser" <elserj@apache.org> wrote:
>>>>
>>>>> Hi all,
>>>>>
>>>>> (with my podling member hat on)
>>>>>
>>>>> We have a bit of a problem over in Slider with a code donation. Full
>>>>> details can be found at
>>> https://issues.apache.org/jira/browse/SLIDER-977
>>>>>
>>>>> In short, an app-package (a modular chunk of code that Slider runs on
>>>>> Apache Hadoop's YARN ) for Kafka was offered to be included in
>>> Slider.
>>>>> Slider would love to accept it. We've gotten IP clearance from all
>>> but
>>>>> one party who contributed to it.
>>>>>
>>>>> To the best of my knowledge, this individual contributed code to this
>>>>> Kafka app-package and his company could also lay claim to his
>>>>> contribution. He already had an ICLA on file, but no CCLA from his
>>>>> company.
>>>>>
>>>>> Two months later, multiple pings on JIRA and even a personal email,
>>> this
>>>>> person seems to be AWOL. Given my understanding of the rules, we
>>> can't
>>>>> proceed because we don't have the ability to prove all potential
>>>>> previous ownership of this codebase has been granted to the ASF.
>>>>>
>>>>> Any advice on how we could try to move this forward?
>>>>>
>>>>> Thanks.
>>>>>
>>>>> - Josh
>>>>>
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>>>>>
>>>>
>>>>
>>>
> 
> 
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