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From "Dennis E. Hamilton" <dennis.hamil...@acm.org>
Subject RE: IP Clearance
Date Thu, 28 Jul 2011 18:10:13 GMT
I'm going to step out onto a limb here and say it is the SGA that is important in this case.
 Because it is the assertion on the part of the SGA contributor that they have all of the
rights to make such a grant.  I would say that is the safety net.  Then, if the granting party
has collected iCLAs for all of the committers, it would support that assertion.  

(I assume we don't mean iCLAs at/to the Apache Foundation.  I don't see how that is transitive
to the provenance of code from the external project.)

 - Dennis

-----Original Message-----
From: Mark Struberg [mailto:struberg@yahoo.de] 
Sent: Thursday, July 28, 2011 10:49
To: legal-discuss@apache.org
Subject: Re: IP Clearance

I hope I'm finding the right words. I'll try ;)

Imo all the iCLA discussion is overrated ^^

The iCLA is a 'safety net' for the ASF. All the 'you can take that code and do what you like'
is already granted if a person releases a piece of code under the Apache License! 
What the iCLA does is additionally telling us 'yes I'm really aware that I must have written
that code myself'. 

So it doesn't really change much if someone doesn't have an iCLA on file _as_long_ as noone
else comes and claims that this certain code is NOT written by the committer but from another
person and it's _not_ free source. Or if someone claims the same for a patent.

At least that's my take on it. 

Can anyone confirm/clarify this view?

txs and LieGrue,
strub

--- On Thu, 7/28/11, Brian Fox <brianf@infinity.nu> wrote:

> From: Brian Fox <brianf@infinity.nu>
> Subject: Re: IP Clearance
> To: legal-discuss@apache.org
> Date: Thursday, July 28, 2011, 5:36 PM
> On Thu, Jul 28, 2011 at 11:23 AM, Sam
> Ruby <rubys@intertwingly.net>
> wrote:
> > On Thu, Jul 28, 2011 at 5:41 AM, Ralph Goers <ralph.goers@dslextreme.com>
> wrote:
> >> http://svn.apache.org/repos/asf/incubator/public/trunk/site-author/ip-clearance/ip-clearance-template.xml
> says that a software grant is required for an external
> codebase that is brought into the ASF. With code that is
> licensed under an Apache license why is this required?
> Obviously, others using Apache licensed software don't
> require a software grant from us to incorporate the code,
> nor would we be likely to give one.
> >>
> >> I'm curious about this in particular since the
> question of what to do about Aether has come up on the Maven
> dev list and it was categorically stated that the last
> Apache licensed version could not be brought into the ASF
> without a software grant, even though Aether was born from
> code that was part of Maven itself.
> >
> > Can you verify that we have an ICLA on file for every
> committer that
> > made a change to Aether?
> 
> I'm staying clear of this particular debate but you've
> peeked my
> interest on the ICLA with that question.
> 
> Does an ICLA unilaterally cover every code an signee
> happens to
> write? I would think if those committers chose to commit it
> back then
> it would be covered, but if someone else does it, how does
> the ICLA
> come in to play?
> 
> >
> >> Ralph
> >
> > - Sam Ruby
> >
> >
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