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From "Marvin Humphrey (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-293) Adding ASF license headers to the code that came from a BSD licensed project
Date Fri, 24 Feb 2017 00:26:44 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-293?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=15881623#comment-15881623
] 

Marvin Humphrey commented on LEGAL-293:
---------------------------------------

{quote}
If I follow http://markmail.org/message/7rpbk2odapl2r3q3 correctly:
{quote}

That link points to an email from Roy.  The entire exchange between Roy and Henri is engrossing,
but the two of them arrived at an impasse which Henri then requested that the Legal Committee
resolve.  That's where VP Legal's response (and my concurring response) come in.

{quote}
- Add an ASF header if we have modified the code.  Do not remove the BSD header.
{quote}

No and no.

First, the files we are concerned with *do not presently have any headers*.  Second, there
are various unresolved objections to adding an ASF header to such files.  Continuing to leave
the files without any headers at all works around those objections.  

{quote}
- If all copyright holders of the file agree to move to ASF, then we can replace the specific
file's BSD header with ASF AL header.
{quote}

As far as I can tell, there is only one code file in the MADlib codebase which has a BSD header
-- so this is irrelevant.

(Also: BSD licenses contain a copyright notice.  Only the copyright holder or their authorized
agent may remove a copyright notice -- it is illegal for anyone else to do so.  So just who
performs such a step is important -- as explained in the Incubator import guidelines.)

{quote}
- The podling is not adding a hybrid header https://issues.apache.org/jira/browse/LEGAL-293?focusedCommentId=15877349&page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel#comment-15877349
{quote}

Correct.

{quote}
- The podling is neither re-licensing nor sub-licensing, its more like they're dual licensing
(but that's not even 100% accurate)
{quote}

What's important is that taken as a whole, a MADlib source release package can be advertised
as available under Apache-2.0.  This is possible since in this context Apache-2.0 subsumes
the BSD license those files are under (as well as the licenses of any bundled dependencies).

By "subsumes", I mean "one-way compatibility" as described in this 2011 article from Luis:

{panel:bgColor=#FFFFCE}
https://opensource.com/law/11/9/mpl-20-copyleft-and-license-compatibility

To be slightly more precise, one can say that permissive License P is one-way compatible with
restrictive License R when:

# Anyone who complies with all requirements of License R would also comply with all requirements
of License P.
# Everything permitted by License P is also permitted by License R.
{panel}

{quote}
If this is all correct, then my final ask is that we add a resolution indicating what to do
when modifying Cat-A source code that has not been granted via a SGA.
{quote}

In my view, we have not arrived at a generalizable solution.  Actually, I hope we don't come
across a similar situation any time soon.

The next time that the Incubator sees a proposal for a Cat-A codebase which has been developed
on Github, greater scrutiny is warranted for the "Source and Intellectual Property Submission
Plan".  It seems that our present challenges were not anticipated in the [MADlib proposal|https://wiki.apache.org/incubator/MADlibProposal#Source_and_Intellectual_Property_Submission_Plan].
 Live and learn.  


> Adding ASF license headers to the code that came from a BSD licensed project
> ----------------------------------------------------------------------------
>
>                 Key: LEGAL-293
>                 URL: https://issues.apache.org/jira/browse/LEGAL-293
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Roman Shaposhnik
>
> I'd like to ask for a final resolution of the question that got debated on legal discuss
some time ago: http://markmail.org/message/pdy6f4wg4w2hpb5g
> To put a stake in the ground I'd like to propose that we move ahead with the solution
put forward by [~fielding] http://markmail.org/message/7rpbk2odapl2r3q3



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