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From Bertrand Delacretaz <bdelacre...@apache.org>
Subject Re: Committer refuses to remove copyright notices in source (ESME-47), how best to solve?
Date Mon, 11 Jan 2010 13:15:51 GMT
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

> ...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.

>
> ...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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