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From Jim Jagielski <...@jaguNET.com>
Subject Re: Adopting non-ASF AL projects
Date Mon, 30 Nov 2015 17:29:54 GMT

> On Nov 30, 2015, at 11:56 AM, Alex Harui <aharui@adobe.com> wrote:
> 
> Moving to legal-discuss (from general@incubator).
> 
> This thread starts here [1] as a fork from [2].  One comment to a recent
> response from Ted is below, but the basic re-cap:
> 
> I want to verify whether:
> 1) a code base that is under AL2.0 can be donated to the ASF without an
> SGA.

Legally, we are free to bring in code which is covered under
a compatible permissive license without a software grant.
Basically, this is simply us leveraging the licensed software
as any downstream user would.

With that said, we usually prefer that the codebase formally
be donated via a SGA if there is an entity that has the
authority and capability of signing the SGA.


> 2) if the authors of that code base have no intention of working on it in
> the future, do we require an ICLA from them or can they give consent in
> email, essentially like other folks do for patches?

Do you mean for the existing code or for future patches? The
question is not quite clear.

> 3) if not all past contributors to that code base respond to give their
> consent in email, can the ASF still accept this code base.

From this, I assume that you mean, for question #2, "Does the
ASF require an iCLA from all original authors of the external
codebase". In general, we do not; in fact, iCLAs are only required
for those w/ commit privs. We do require iCLAs and/or SGA from
original authors IF the incoming code requires relicensing. Since
the code is already ALv2, it does not require such relicensing.
The only condition is whether or not the authors and contributors
knew that their contributions were under ALv2. We can assume that
they knew that, since License In == License Out has some precedent
in the Open Source realm.

My suggested course of action is to send an email to the
current project's development and user lists (maybe create
some Issue or Bugz entry, etc...) with the notice that a PMC
at the ASF wishes to fork the project and maintain and develop
it and to ask for comments. If there is dissent in that community
about this course of action, I would encourage you asking both
Legal and the PMC "what to do now".

Please note that although the ALv2 gives us access to the code,
it does not provide us the ability to use their mark, unless the
current project maintainers explicitly assign us their mark.
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