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From Mark Thomas <ma...@apache.org>
Subject Re: Question about project want to come out from incubator
Date Mon, 23 Nov 2015 21:54:51 GMT
On 23/11/2015 21:37, Sean Busbey wrote:
> I would expect the more relevant bit would be the trademarks, yes?

Re-assigning trademarks back to a corporate entity is legally tricky
because of the ASF's charitable status.

There are two relatively simple approaches:
1. Rename the project when it enters the incubator
2. Donating company makes a public undertaking to transfer trademarks to
the ASF on successful graduation.

Mark


> 
> On Mon, Nov 23, 2015 at 1:45 PM, Mark Thomas <markt@apache.org> wrote:
>> On 23/11/2015 19:32, Henry Saputra wrote:
>>> Hi,
>>>
>>> I have question from potential incubator project. If somehow a project
>>> contributed by a company could not survive the incubator process, can
>>> the sponsoring company take back the copyright and grant given to
>>> Apache?
>>
>> The copyright is never transferred to Apache. It remains with the
>> original copyright holders.
>>
>> The terms of the SGA are clear. The key word is "irrevocable".
>>
>> The code covered by the SGA and donated to the ASF would remain AL2
>> licensed.
>>
>> Nothing would stop the company continuing to develop their product under
>> any license they choose including closed source. The SGA would have no
>> impact on this.
>>
>> Mark
>>
>>
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