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From Benson Margulies <bimargul...@gmail.com>
Subject Re: Can a podling release code that has a BSD license before it has a grant?
Date Wed, 19 Jan 2011 11:50:34 GMT
I posed this question somewhat hypothetically to learn whether this
was a space that could be explored if the pod-people wanted to. As it
turns out, the pod-people in question aren't so inclined at this
point.

On Wed, Jan 19, 2011 at 4:15 AM, Andy Seaborne
<andy.seaborne@epimorphics.com> wrote:
> (a Jena committer and the release manager last time round writes ...)
>
> The incubating project has recently completed a non-Apache release. This
> gives the project space to complete the main software grant and that is
> progressing at it's own natural pace.
>
> If something does arise, we can bring a specific proposal forward.
> Currently, there are no plans or discussions on the project lists that would
> need that.
>
>        Andy
>
> On 18/01/11 23:08, Ross Gardler wrote:
>>
>> 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
>> though.
>>
>> Thanks,
>> Ross
>
> (a Jena committer writes ...)
>
> Jena has recently completed a non-Apache release.  If all goes to plan,
> that's the last one and it means the the project has the space to complete
> the main software grant.  Work on the grant is progressing at it's own
> natural pace.
>
> If something does arise, we can bring a specific proposal forward.
> Currently, there are no plans or discussions on the project lists that would
> need that.
>
>        Andy
>
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