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From Greg Stein <gst...@gmail.com>
Subject Re: Improperly Granted Patch
Date Thu, 19 Aug 2010 19:20:53 GMT
On Thu, Aug 19, 2010 at 15:15, Grant Ingersoll <gsingers@apache.org> wrote:
>
> On Aug 19, 2010, at 12:24 PM, Sam Ruby wrote:
>
>> On Thu, Aug 19, 2010 at 11:49 AM, Grant Ingersoll <gsingers@apache.org> wrote:
>>> Hi,
>>>
>>> We have a case in Lucene where someone has attached a patch (a long time ago)
to a JIRA ticket and checked the "Grant" button despite the fact that about 5 lines of it
were derived from some GPL code.  The code in question was never incorporated into the SVN
base at any point time, as far as we can tell.  (The author of the patch concurs).  Furthermore,
the patch author did track down the original author and that person says they are willing
to provide the code under the ASL, even though it was originally GPL.
>>>
>>> In the grand scheme of things, I know it is almost trivial, but we thought we
should check in here.  My suggestion, pending any input here, is that the patch author simply
delete the patch w/ regrets.
>>
>> I see no issue.  Effectively the code in question is dual licensed.
>
> Just to be clear, the patch author mistakenly used the code from the original author
(GPL) without consent from the original author.  The original author has since consented
via email to the patch author (who then notified the PMC) and is willing to put up the patch
with consent on JIRA.  In other words, the original author hasn't done anything "official"
yet.  My take, though, since the code wasn't actually used is to delete the offending patch
and go on with the day.
>
> Sorry to belabor the point.

Well... if you don't even want the patch, then its provenance isn't
all that important. Delete away.

If you want to use it, then you're totally okay. The patch author is
the one saying "yes, I am allowed to contribute this patch." You don't
have to second-guess that person.

Cheers,
-g

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