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From Ceki Gülcü <c...@qos.ch>
Subject Re: IP Clearance
Date Thu, 28 Jul 2011 20:26:57 GMT

As I was intrigued by this question, so I looked up the earliest
version of sonatype-aether [1]. All file headers in [1] say:

/*
  * Licensed to the Apache Software Foundation (ASF) under one
  * or more contributor license agreements.  See the NOTICE file
  * distributed with this work for additional information
  * regarding copyright ownership.  The ASF licenses this file
  * to you under the Apache License, Version 2.0 (the
  * "License"); you may not use this file except in compliance
  * with the License.  You may obtain a copy of the License at
  *
  *   http://www.apache.org/licenses/LICENSE-2.0
  *

The first sentence clearly indicates that the code is licensed to the
ASF under CLA - that much seems beyond dispute.

The code was donated to the ASF on 2010-04-02 albeit committed to
github. Later changes do not invalidate the initial donation.

Furthermore, noting that the second clause of the ICLA states that the
grant is perpetual, assertions about any further requirements, e.g. a
software grant, contradict clause 2 of the ICLA, which I assume no one
would knowingly dare to do.

[1] https://github.com/stephenc/sonatype-aether/commit/3b37f214a


On 28/07/2011 10:02 PM, Benson Margulies wrote:
> To state the obvious, there is a big difference between using
> something as a dependency and importing the source of 'something' into
> the ASF svn repository.
>
> In dependency land, Category A is preferable, but Category B is
> acceptable. So, as a *dependency*, AL versus EPL is not earthshaking.
>
> The first line of our standard notice is:
>
>        Licensed to the Apache Software Foundation (ASF) under one
>        or more contributor license agreements.
>
> The decision by some party to offer the work under the AL is
> completely different from the decision to license it \to the ASF/. In
> this case, there is no evidence whatsoever that the authors of AEther
> ever intended to 'license it to the ASF ...'. All they did was, for a
> period of time, allow use by the world under the terms of the AL.
>
> If a group of people finds Sonatype's management of this code
> intolerable, and can't work out their differences with Sonatype, that
> group can fork to github, or apache-extras, or pluto, and make
> releases. And Apache products can use these releases as binary
> dependencies under either AL or EPL, pretty nearly equivalently, as
> explained in the usual place.
>
>
>
> On Thu, Jul 28, 2011 at 3:25 PM, Ralph Goers<ralph.goers@dslextreme.com>  wrote:
>> Most likely no one has asked simply because everyone knows the answer.  Sonatype
is in the process of donating the code to the Eclipse foundation. Jason has stated that he
won't change the license back to include the Apache license and he previously stated that
he wouldn't contribute it to the ASF as he doesn't like working here. However, I'm sure it
wouldn't hurt to have John ask Wayne.
>>
>> Ralph
>>
>> On Jul 28, 2011, at 12:10 PM, Sam Ruby wrote:
>>
>>> On Thu, Jul 28, 2011 at 2:57 PM, Mark Struberg<struberg@yahoo.de>  wrote:
>>>> ok, that's a strong argument.
>>>> But then we should also stop using the dependency at all isn't?
>>>>
>>>> Without being able to maintain this sources we cannot guarantee the maintenance
of Apache Maven.
>>>>
>>>> There is still the option to fork it over at apache-extras where we can maintain
it ourselfs though.
>>>
>>> Would you be proposing to do so simply because nobody is willing to
>>> politely ask Sonatype for a Software Grant?
>>>
>>>> LieGrue,
>>>> strub
>>>
>>> - Sam Ruby
>>>
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