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From "John D. Ament" <johndam...@apache.org>
Subject Re: What does "Licensed to the Apache Software Foundation (ASF)" mean?
Date Thu, 15 Dec 2016 03:39:52 GMT
Shane,

On Wed, Dec 14, 2016 at 10:21 PM Shane Curcuru <asf@shanecurcuru.org> wrote:

> John D. Ament wrote on 12/14/16 9:10 PM:
> > Ok, so that's what I thought.  So if an arbitrary github repo includes
> > (their own developed source code) that includes this clause, they are
> > technically granting the ASF a license to use that code, right?
>
> Legally?  Who knows.  I'd bet almost all lawyers would say no, or at
> least not without knowing more about the specific code you're talking
> about.  In particular, that exact phrase doesn't say *how* it's licensed
> to the ASF (and we're already presuming that the legal owner of the code
> in that file is the one who authorized that statement to be put there,
> right?)
>
> ASF policy wise?  Apache projects should generally only accept willingly
> and specifically given contributions.  So just because someone happened
> to slap that on their github repo doesn't mean we should just grab it.
>
> For the ASF and Apache projects, our IP provenance relies on both our
> license, our ICLA/CCLAs, and the fact that we have written policies that
> define who can be a committer and how PMCs can make releases.  It's
> usually good if a code author (or someone who could otherwise legally
> sign an ICLA in terms of granting us the right licensing rights to that
> code) actually submits the work to some Apache project before we put it
> in a release.
>
> In any case, I would *not* trust (IP provenance wise) arbitrary github
> repos that include that line, unless they were also very clearly marked
> as being under the Apache 2.0 license.
>
> Obviously, for code that is *in* an Apache project, it should be saying
> this in the code as per our source header policy:
>
>   https://www.apache.org/legal/src-headers.html
>
> But that's because we know the committer who checked in the code, along
> with that more explicit statement of how it was licensed to the ASF, and
> how the ASF is releasing it under Apache 2.0.
>
> Does that make sense?
>
> Is this a general question out in the world, or a more specific question
> from some podling/project?
>

Ha... wish it were that simple.
I'm asking because a community I'm working with.. that just went to Eclipse
Foundation... has a bunch of code in it that says "Licensed to the Apache
Software Foundation (ASF)" as its header.  I made the statement "that
doesn't look right" and the response received (from an eclipse
representative) was that it was an implicit licensing of the work under the
Apache License, v2.  That doesn't sound quite right to me, but the
statement hat it's an implicit license grant makes more sense.


>
> - Shane
> >
> > On Wed, Dec 14, 2016 at 7:17 PM Roman Shaposhnik <roman@shaposhnik.org
> > <mailto:roman@shaposhnik.org>> wrote:
> >
> >     On Wed, Dec 14, 2016 at 4:10 PM, John D. Ament
> >     <johndament@apache.org <mailto:johndament@apache.org>> wrote:
> >     > Hi,
> >     >
> >     > So I'm wondering based on some questions being asked around in
> >     some forums,
> >     > not all within the ASF, what is the legal statement meant to
> >     represent?  Is
> >     > it the ownership of code, that's how I've understood it.
> >
> >     My understanding is that it is a very basic legal tool (at least in
> >     US) to transfer
> >     the rights for a copyrighted piece of intellectual property to ASF.
> >     The copyright
> >     itself remains with the original owner, but ASF gets the right
> >     (license) to be free
> >     to do with that IP however it pleases (which includes potential
> >     re-licensing and
> >     it fact happened at least once going from ALv1 -> ALv2).
> >
> >     Thanks,
> >     Roman.
> >
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>
>
> --
>
> - Shane
>   https://www.apache.org/foundation/marks/resources
>
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