www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From Shane Curcuru <...@shanecurcuru.org>
Subject Re: Question about ASF incubation
Date Mon, 28 Mar 2016 20:53:22 GMT
Mark Thomas wrote on 3/28/16 4:45 PM:
> On 28/03/2016 21:38, Fangjin wrote:
>> Hi,
>>
>> Are project trademarks and copyrights only donated to ASF if/when a
>> project passes incubation and becomes a top level project? If a project
>> fails to graduate and become a top level ASF project during incubation,
>> what happens to the trademark and copyright of the project?
> 
> I am not a lawyer and I don't speak officially for the ASF on legal or
> trademark issues. Jim and Shane respectively do that.
> 
> That said, I have been around here a while and I am sure Jim / Shane
> will correct me if necessary.
> 
> Copyright is not transferred to the ASF. It remains with the original
> holder(s). The ALv2 grants a copyright license that gives the ASF the
> permission it needs. Success or failure of incubation has no impact on this.
> 
> If a project has a registered trademark, the ASF would expect to see a
> public statement (i.e. on the appropriate podling dev list) of intent
> from the current trademark holder to transfer the trademark to the ASF
> if incubation is successful.

Thanks Mark for covering the basics!

For trademarks, the current trademark holder must state a clear intent
or plan to transfer the trademarks to the ASF if the project does well
during Incubation.  Any trademarks, especially registered trademarks,
must be legally transferred to the ASF before the project can fully
graduate.

If a podling fails to graduate, the original trademark owner is of
course free to keep their trademarks; since the podling had failed, the
ASF has no claim or desire to interfere with the marks.

- Shane

> 
> HTH,
> 
> Mark
> 
> 
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
> 
> 


---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org


Mime
View raw message