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From Sam Ruby <ru...@intertwingly.net>
Subject Re: IP Clearance
Date Thu, 28 Jul 2011 22:16:36 GMT
On Thu, Jul 28, 2011 at 4:26 PM, Ceki Gülcü <ceki@qos.ch> wrote:
>
> 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.

There is a difference between what we are legally entitled to do and
what our policies are.  I encourage you to read the following email by
Roy Fielding on this matter:

http://s.apache.org/QeN

- Sam Ruby

> [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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>>>
>>>
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>>
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>
>
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