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Date: Tue, 13 Apr 2010 21:51:18 -0400
Message-ID: <o2q3d4032301004131851rf84c821h5e9c1715e8ef4f5a@mail.gmail.com>
Subject: Re: Project moving to ASF, IP issues
From: Sam Ruby <rubys@intertwingly.net>
To: legal-discuss@apache.org
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On Mon, Apr 12, 2010 at 6:40 AM, Kore Nordmann <mail@kore-nordmann.de> wrot=
e:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
> Hi,
>
> We would like to move an active open source project to the Apache
> Software Foundation, because of internal changes in the company which
> yet hosted the project. I do not want to name that project yet, to not
> cause false expectations in our community, and would like to clarify on
> some legal issues first.
>
> I hope this mailing list is the correct place to ask, otherwise feel
> free to point me to the correct list / person.
>
> The project has been developed under the hood of a company, mostly by
> developers hired by that company. The project yet was licensed under the
> New BSD license (3 clause) [1], and also had external contributors. The
> external contributors had to sign a CLA before the were allowed to
> contribute to the project. The used CLA was based on the ASFs CLA, and I
> attached an anonymized version of it to the mail.
>
> Now, my questions:
>
> 1) Who, besides the current active contributors to the project, would
> =C2=A0 need to sign the ASF CLA to make the project an Apache project?
>
> 1.1) Do all current and recent employees of the company need to sign
> =C2=A0 =C2=A0 it, who contribute or contributed to the software?
>
> 1.2) Do all external contributors, who signed the old CLA also need to
> =C2=A0 =C2=A0 sign the new CLA, no matter if they want to continue contri=
buting?
>
> 2) The company itself would be happy to relicense the source code under
> =C2=A0 the Apache license and grant the ASF all rights they need. Are all
> =C2=A0 the external contributors required to explicitly consent this step=
?
>
> 3) Are there any other major legal issues doing this step?

There aren't any simple, generic answers.  The place to start is at
the Apache Incubator, and any code will need a sponsor:

http://incubator.apache.org/guides/index.html

For legal aspects, I would recommend reviewing the 'IP Clearance"
information available as a link from that page.

Based on the information provided, I don't expect there will be any
insurmountable issues.  I do expect that there will need to be a
reasonable effort made to contact the external contributors.

> Looking forward to your answers,
> Kind regards,
> Kore
>
> [1]
> http://en.wikipedia.org/wiki/BSD_licenses#3-clause_license_.28.22New_BSD_=
License.22.29
>
> - --
> Kore Nordmann =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=
=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =
=C2=A0(GPG 0xDDC70BBB)
> - - What I do: =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =
=C2=A0 http://kore-nordmann.de/portfolio.html
> - - Motivate me: =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =C2=A0 =
=C2=A0 =C2=A0 =C2=A0http://wishlist.kore-nordmann.de/

- Sam Ruby

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