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From Ross Gardler <rgard...@apache.org>
Subject Re: Can a podling release code that has a BSD license before it has a grant?
Date Tue, 18 Jan 2011 23:08:41 GMT
On 18/01/2011 22:55, Sam Ruby wrote:
> On Fri, Dec 31, 2010 at 3:00 PM, Benson Margulies<bimargulies@gmail.com>  wrote:
>> The Jena podling starts from a mass of code developed at HP. The
>> source is all marked with the notice below.
>> A 'big company legal process' is underway, and will hopefully emit an
>> SGA from HP some day.
>> In the interim, it occurred to me to wonder if the podling needs to
>> wait. They don't want to move into asf svn until they can make an asf
>> release, and, unless I get a pleasant surprise in reply to this, they
>> can't make an asf release until there is a grant from HP.
>> The 'previously asked' list calls out BSD 'without advertising
>> clause', but doesn't further discuss the advertising clause. The
>> archives make it tangentially clear that its generally not acceptable,
>> but I didn't find the rationale. Do we just not want to have to
>> clutter the NOTICES with the passthrough of 'you can't advertise the
>> HP origin'?
>> So, are there any options except to wait for the HP process to reach a
>> successful conclusion?
> I'll note that this is a policy question (what do we want to do) vs a
> question as to whether it would be illegal for us to make such a
> release.  This means that there /may/ be some wiggle room for a very
> narrowly crafted and scoped exemption.  If this is something you wish
> to pursue, I would recommend creating a concrete proposal focusing
> only on solving the problems that are needed to make this happen and
> not solving any larger problem.

As champion of the Jena podling I am not in support of this. Things are 
progressing just fine on the legal front, there is no reason to suspect 
the issues won't be resolved in reasonable time.

Furthermore, there are many more things that need to be done before 
there is an ASF release.

There is no need for us to create more hoops for the podling to jump 
through at this stage (not to mention the demands on the legal team to 
approve such action).

It's good to know that there is wiggle room should there ever be a need 


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