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From Sam Ruby <ru...@intertwingly.net>
Subject Re: Can a podling release code that has a BSD license before it has a grant?
Date Tue, 18 Jan 2011 22:55:12 GMT
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.  While everybody will be given a
chance to weigh in, things I would be looking for: scoping it
exclusively to incubating projects with a history and a concrete plan
with a prespecified deadline to converge to an accepted license; and
adequate release documentation to prevent confusion.  Specifics as to
why waiting presents a hardship would also be helpful.

- Sam Ruby

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