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From Benson Margulies <bimargul...@gmail.com>
Subject Re: Plexus Archiver / Plexus Components
Date Wed, 03 Sep 2014 16:18:02 GMT
Actually, that's really bad news.

When a person creates a work, the copyright belongs to the person,
unless that person enters into a contract to assign the contract to
someone else.

When I see 'Copyright (c) Codehaus....', I assume that this is legit,
and that (a) Codehaus is a legal entity, and (b) that the authors,
however many, executed a proper agreement to assign their copyrights
to Codehaus.

What you are telling me is that (a) is false, and so (b) is probably
doubly-false: there is no entity, and there were probably no
assignments.

So, now we would want to use the svn and git histories to try to
identify the authors, and solicit their agreement to licence the code
to the foundation. If, after we made a reasonable effort, we couldn't
contact them all, we could ask for permission to pull in the code. If
any of them object, we can't pull it in at all.

If anyone feels that this is a mess, or prefers not to trust me in my
self-appointed role of expert here, please do open a LEGAL JIRA at
ASF, describe the whole situation, and ask for advice.


On Wed, Sep 3, 2014 at 8:42 AM, Stephen Connolly
<stephen.alan.connolly@gmail.com> wrote:
> On Wednesday, 3 September 2014, Benson Margulies <bimargulies@gmail.com>
> wrote:
>
>> On Wed, Sep 3, 2014 at 2:23 AM, Stephen Connolly
>> <stephen.alan.connolly@gmail.com> wrote:
>> > On Wednesday, 3 September 2014, Hervé BOUTEMY <herve.boutemy@free.fr>
>> wrote:
>> >
>> >> is there something about IP process for such established code?
>> >>
>> >> I see something like 10 components (we won't take plexus-containers)
>> >> https://cwiki.apache.org/confluence/display/MAVEN/Plexus+dependencies
>> >>
>> >> And what about the fact that it is not in org.apache and not Apache
>> >> License?
>> >
>> >
>> > Why don't we ask legal/board and see what the view is?
>>
>> I can give you the schema. The package names don't matter. The easy
>> case is if there is some person or corporation who owns the copyright
>> and is willing to execute an SGA to grant the code to the foundation.
>> If that's the case, it's all straightforward, we as a PMC do the 'IP
>> Clearance' dance.
>>
>> The hard case is where there is no such entity, but the license is
>> compatible with the AL. In this case, we can ask legal for approval in
>> picking up 'abandoned' code.
>>
>> The impossible cases are when neither of the above apply, and the code
>> has a non-compatible license, or when there is copyright holder who is
>> not willing to grant.
>>
>> At least some of this code is marked with a copyright of the Codehaus
>> and an Apache License. So the Codehaus could execute a grant and that
>> would be simple. What part are you looking at which is not AL?
>
>
> Ha! So there is the issue that the codehaus is not really that much of an
> entity.
>
> Ben has the AU equivalent of an LLC (OpenXource Pty Ltd) and owns the
> domain name, but never registered Codehaus as a business name (no legal
> requirement to do so in order to trade as Codehaus in AU)
>
> So other than the domain name, there is not really any "codehaus"... it is
> akin to
>
> Copyright (c) 2005, The Andromeda Trading Company, Inc., a company
> registered in the MX35s asteroid orbiting Andromeda.
>
> The best we can get is a declaration from Ben as owner of the Codehaus
> domain that he is transferring assignment to Apache. Ben is happy to give
> such for the Plexus stuff that has Copyright (c) The Codehaus. We would
> need to ask legal if they actually need that given that there is and never
> was a legal Codehaus entity in existence at the time the copyright was
> assigned.
>
>
>>
>>
>>
>> >
>> >
>> >>
>> >> I'm really willing to take it back under control, just not sure about
>> the
>> >> right (not techically) way to do it
>> >>
>> >> Regards,
>> >>
>> >> Hervé
>> >>
>> >> Le mardi 2 septembre 2014 23:03:57 Stephen Connolly a écrit :
>> >> > Can we not just pull the code in? IIUC it is pretty much only us that
>> >> uses
>> >> > the code...
>> >> >
>> >> > On 2 September 2014 22:18, Benson Margulies <bimargulies@gmail.com
>> >> <javascript:;>> wrote:
>> >> > > Gang, doesn't the board of the ASF have very strong, negative,
>> >> > > feelings about ASF PMC's controlling and maintaining code outside
of
>> >> > > the ASF? I confess that I found this whole topic extremely
>> confusing,
>> >> > > what with the googlecode 'Apache Extras' business. We might want
to
>> >> > > ask for some clarification before we go here.
>> >> > >
>> >> > > On Tue, Sep 2, 2014 at 5:04 PM, Karl Heinz Marbaise <
>> khmarbaise@gmx.de
>> >> <javascript:;>>
>> >> > >
>> >> > > wrote:
>> >> > > > Hi,
>> >> > > >
>> >> > > > On 9/2/14 2:56 PM, Jason van Zyl wrote:
>> >> > > >> I asked Github to give us github.com/maven for our 3rd
party
>> code
>> >> but
>> >> > > >> someone is using it. Maybe Hervé can setup
>> github.com/apachemaven
>> >> and
>> >> > >
>> >> > > we can
>> >> > >
>> >> > > >> move those Git repositories there.
>> >> > > >
>> >> > > > Unfortunately github.com/apachemaven is also occupied already...
>> >> > > >
>> >> > > > Kind regards
>> >> > > > Karl-Heinz Marbaise
>> >> > > >
>> >> > > >> On Sep 2, 2014, at 3:09 AM, Kristian Rosenvold
>> >> > > >>
>> >> > > >> <kristian.rosenvold@gmail.com <javascript:;>>
wrote:
>> >> > > >>> We have started talking about moving them somewhere,
and the
>> time
>> >> may
>> >> > > >>> have come tom restart that discussion.
>> >> > > >>>
>> >> > > >>> You can either ask Brian for access or have one of
the existing
>> >> > > >>> committers apply your pull request. Just a regular
pull request
>> >> from
>> >> > > >>> github should do.
>> >> > > >>>
>> >> > > >>> Kristian
>> >> > > >>>
>> >> > > >>> 2014-09-01 22:37 GMT+02:00 Karl Heinz Marbaise <
>> khmarbaise@gmx.de
>> >> <javascript:;>>:
>> >> > > >>>> Hi,
>> >> > > >>>>
>> >> > > >>>> i just want to know how we handle things which
are located in
>> >> > >
>> >> > > components
>> >> > >
>> >> > > >>>> like plexus-archiver etc.
>> >> > > >>>>
>> >> > > >>>> Currently i'm diving into some problems and want
to checkin
>> some
>> >> > > >>>> improvments
>> >> > > >>>> on the plexus-archiver...
>> >> > > >>>>
>> >> > > >>>> How can i gain commit access to those components
?
>> >> > > >>>>
>> >> > > >>>> Kind regards
>> >> > > >>>> Karl-Heinz Marbaise
>> >> > > >
>> >> > > >
>> ---------------------------------------------------------------------
>> >> > > > To unsubscribe, e-mail: dev-unsubscribe@maven.apache.org
>> >> <javascript:;>
>> >> > > > For additional commands, e-mail: dev-help@maven.apache.org
>> >> <javascript:;>
>> >> > >
>> >> > >
>> ---------------------------------------------------------------------
>> >> > > To unsubscribe, e-mail: dev-unsubscribe@maven.apache.org
>> >> <javascript:;>
>> >> > > For additional commands, e-mail: dev-help@maven.apache.org
>> >> <javascript:;>
>> >>
>> >>
>> >> ---------------------------------------------------------------------
>> >> To unsubscribe, e-mail: dev-unsubscribe@maven.apache.org <javascript:;>
>> >> For additional commands, e-mail: dev-help@maven.apache.org
>> <javascript:;>
>> >>
>> >>
>> >
>> > --
>> > Sent from my phone
>>
>> ---------------------------------------------------------------------
>> To unsubscribe, e-mail: dev-unsubscribe@maven.apache.org
>> For additional commands, e-mail: dev-help@maven.apache.org
>>
>>

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