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From "Geir Magnusson Jr." <g...@pobox.com>
Subject Re: Committer refuses to remove copyright notices in source (ESME-47), how best to solve?
Date Mon, 11 Jan 2010 13:22:07 GMT

On Jan 11, 2010, at 8:15 AM, Bertrand Delacretaz wrote:

> Hi Geir,
> 
> On Mon, Jan 11, 2010 at 11:58 AM, Geir Magnusson Jr. <geir@pobox.com> wrote:
>> I don't see this as a legal issue, but rather a community and social issue.,,
> 
> Ok

To be clear, any opinion I give is non-authoritative and just my personal opinion.  I always
defer to Larry and Sam on this stuff.

> 
>> ...I assume in all of this that someone gently and privately explained how things
work here to
>> him, and gave him a chance to change his POV...
> 
> ESME mentors tried, but he's not willing to change.
> 
>> 
>> ...I'd prevent the committer from adding anything else if he doesn't want to comply
with
>> the community mores of the project.  Thank him for his contribution and revoke commit
karma....
> 
> Ok, so threatening to revoke commit karma would have been the way to
> enforce this policy, if we had caught that early enough. The commiter
> in question has left the project in the meantime, so this lever
> doesn't exist anymore.

Oh.  Then things are perfect.  No social muss, and given the software is AL and there's an
ICLA, no IP issue either.

> 
>> 
>> ...Then leave the notice there, noting portions are copyright that person, with the
regular ASF
>> header on top of it.  There's no IP issue....
> 
> Ok, resonates with Darren's suggestion and with option 2) in my original post.
> 
> Thanks to both of you for your input.
> -Bertrand
> 
> 
> 
> 
>> 
>> geir
>> 
>> 
>> On Jan 11, 2010, at 3:28 AM, Bertrand Delacretaz wrote:
>> 
>>> Hi,
>>> 
>>> In the ESME podling that I'm co-mentoring, we have a committer who
>>> refuses to remove copyright notices from source code that he committed
>>> to the project after signing an iCLA.
>>> 
>>> See https://issues.apache.org/jira/browse/ESME-47 (starting from David
>>> Pollak's comment 09/Jul/09 08:39 PM) and the discussion on the ESME
>>> mailing list at http://markmail.org/message/czjiphudb4jz5yxl
>>> 
>>> This could be seen as a matter of policy, not a legal issue:
>>> http://www.apache.org/legal/src-headers.html ("Source File Headers for
>>> Code Developed at the ASF") clearly indicates that such headers must
>>> be removed by the committer.
>>> 
>>> But how do we solve that issue, considering said committer refuses to
>>> do it? I see a few options, below.
>>> 
>>> I have invited David to subscribe here to present his position
>>> directly, not sure if he'll do that.
>>> 
>>> Suggested options:
>>> 
>>> 1) Vote in the Incubator PMC to remove those notices, and do that even
>>> if copyright owner disagrees. Joe Schaefer on the ESME list
>>> (http://markmail.org/message/znyzwc3ugdnuncbk) says that's not an
>>> option, and I tend to agree - who would do that commit and risk legal
>>> action by the copyright owner?
>>> 
>>> 2) Keep the notices and add alongside them another notice along the
>>> lines of "the above notice only applies to parts of this source file"
>>> and point to an explanation page. Pragmatic solution, doesn't comply
>>> with our policy but if phrased well could be workable IMHO.
>>> 
>>> 3) Remove from our subversion repository all code where the committer
>>> refuses to remove those copyright notices, considering that their
>>> contributions are not compatible with ASF policies. Note that in ESME
>>> case this is a big chunk of the core code, not just a few things here
>>> and there, so that would have a huge impact on the podling.
>>> 
>>> 4) Convince the committer to remove the notices - doesn't seem
>>> possible as he's strongly opposed to that, and in the meantime
>>> announced his resignation from ESME and from the ASF.
>>> 
>>> Thanks for any insights and/or links to similar cases.
>>> -Bertrand (ESME podling mentor)
>>> 
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>> 
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