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From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: Clarification of "distribution" under the SGA
Date Thu, 17 Jan 2013 19:01:21 GMT
It's a question that comes up often enough
that we should probably devote some webspace
to documenting it, as it is somewhat unique
to the way the org conducts its work under
the full view of the public while trying
to distinguish between "controlled distributions"
like version control, nightly builds, etc, and
"uncontrolled, publicly advertised ones"- aka
releases.





>________________________________
> From: Rob Weir <robweir@apache.org>
>To: legal-discuss@apache.org 
>Sent: Thursday, January 17, 2013 1:42 PM
>Subject: Re: Clarification of "distribution" under the SGA
> 
>On Thu, Jan 17, 2013 at 1:31 PM, Joe Schaefer <joe_schaefer@yahoo.com> wrote:
>> Anything you can download from one of our public servers
>> counts as a distribution.  However anything other than
>> an actual release should be viewed as a "work in progress"
>> with no promises about the legal status or overall quality
>> of the work other than that we have the right to distribute it.
>>
>
>That's my impression as well.  We believe in good faith that we are
>authorized to host the source code.  But there may be files where we
>are in error in this belief.   If errors are pointed out we'll quickly
>remove offending files.  Via the process of Incubation and/or IP
>Clearance, and before every release, we do a more thorough review to
>further reduce the risk, so by the time software is released we can be
>more confident about attaching our brand and reputation to it.
>
>-Rob
>
>> HTH
>>
>> ________________________________
>> From: Rob Weir <robweir@apache.org>
>> To: Daniel Shahaf <d.s@daniel.shahaf.name>
>> Cc: legal-discuss@apache.org; Matthew Garrett <mjg59@srcf.ucam.org>
>> Sent: Thursday, January 17, 2013 1:28 PM
>> Subject: Re: Clarification of "distribution" under the SGA
>>
>> On Thu, Jan 17, 2013 at 1:16 PM, Daniel Shahaf <d.s@daniel.shahaf.name>
>> wrote:
>>> Is there a concrete instance of this question you guys are interested in?
>>>
>>
>> The question is in the context of IBM's SGA for Symphony, where the
>> code is now in the SVN of the OpenOffice project.
>>
>> But, if you mean has anyone with a genuine interest in using the code
>> come forward and asked, then no, this has been hypothetical as far as
>> I can tell.  Matt can speak for himself.
>>
>> -Rob
>>
>>> Rob Weir wrote on Thu, Jan 17, 2013 at 13:13:10 -0500:
>>>> On Thu, Jan 17, 2013 at 12:49 PM, Matthew Garrett <mjg59@srcf.ucam.org>
>>>> wrote:
>>>> > The SGA contains the following:
>>>> >
>>>> > "Grant of Copyright License. Subject to the terms and conditions
>>>> > of this Agreement, You hereby grant to the Foundation and to
>>>> > recipients of software distributed by the Foundation a perpetual,
>>>> > worldwide, non-exclusive, no-charge, royalty-free, irrevocable
>>>> > copyright license to reproduce, prepare derivative works of,
>>>> > publicly display, publicly perform, sublicense, and distribute
>>>> > Your Contributions and such derivative works."
>>>> >
>>>> > and similar language for patents. Is a checkout of code from an Apache
>>>> > svn repository considered "software distributed by the Foundation",
>>>> > even
>>>> > if said code is in an unreleased branch?
>>>> >
>>>>
>>>> By way of background, this is recurring question that has come up with
>>>> OpenOffice.  What is the status of code that has been contributed to
>>>> the ASF by SGA, but but yet been taken through an Podling release, or
>>>> IP Clearance and a normal release.  In that intermediate stage, what
>>>> do we say about the ability of others to use the code?
>>>>
>>>> IMHO, we can say little or nothing.  How could we if it has not get
>>>> gone through a release?  The release via our due diligence and vote is
>>>> the mechanism that we (the ASF, via a PMC) use to make a firm
>>>> statement about code.
>>>>
>>>> -Rob
>>>>
>>>>
>>>> > Thanks,
>>>> > --
>>>> > Matthew Garrett | mjg59@srcf.ucam.org
>>>> >
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