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From Josh Elser <>
Subject Re: Request for advice on code donation
Date Thu, 21 Jan 2016 16:21:43 GMT
Cool, thanks for weighing in as well, Shane!

I learned something new :)

Shane Curcuru wrote:
> 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:
> - 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"<>  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"<>  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<>  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"<>  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
>>>>>> In short, an app-package (a modular chunk of code that Slider runs
>>>>>> 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
>>>>>> 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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