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From "John D. Ament (JIRA)" <j...@apache.org>
Subject [jira] [Created] (LEGAL-310) Handling of IP Clearance for non-incubating projects
Date Mon, 22 May 2017 03:33:04 GMT
John D. Ament created LEGAL-310:
-----------------------------------

             Summary: Handling of IP Clearance for non-incubating projects
                 Key: LEGAL-310
                 URL: https://issues.apache.org/jira/browse/LEGAL-310
             Project: Legal Discuss
          Issue Type: Question
            Reporter: John D. Ament


Suppose that:

- A project is a TLP
- A company or some other entity has made signfiicant modifications to an Apache product
- Said entity indicates they would like to give the code back to the ASF

The process around this situation is ambiguous at best, confusing realistically.  Presently,
the IPMC is responsible for managing IP Clearance.  The secretary is responsible for filing
SGAs.  The relationship between IP Clearance and SGA is undefined, but it seems like they
should be an either-or.  

An SGA, as I've understood it, is to relicense code under the Apache license for the sake
of a donation to the foundation.  Likewise, an IP clearance is to ensure that already licensed
code is valid (valid being a term I've just made up, trying to indicate that the code is all
Apache-v2, from some author(s) and can be used in entirity without changes to license).

In the scheme of things, there seems to be things missing that aren't called out in this flow.
 Specifically, if a company has already provided an SGA, there should not be a need for an
IP Clearance and it should not be on the IPMC to review said IP if it is not going towards
an incubating project.  The IPMC cannot tell another TLP that their IP is wrong.  Or maybe
they can and this needs to be clarified (e.g. this shouldn't be a lazy consensus vote since
we are responsible here).

So basically:

- The IPMC is or is not responsible for confirming these IP clearances
- If so, then the IPMC is or is not responsible for guiding projects (Podlings & TLPs)
on how to handle (SGA vs IPC)
- If the IPMC is responsible, then giving a proper vote for any new IP coming in

http://incubator.apache.org/ip-clearance/
https://issues.apache.org/jira/browse/INCUBATOR-74
http://mail-archives.apache.org/mod_mbox/incubator-general/200804.mbox/%3c2C7D21B3-CA23-4086-809C-3B5ECC8EE7D5@gbiv.com%3e
http://incubator.apache.org/ip-clearance/httpd-mod_domain-clearance.html
http://www.apache.org/foundation/records/minutes/2003/board_minutes_2003_12_17.txt

{quote}
B. Discussion: code imports directly into projects vs incubation
       (e.g. maven-wagon and ws-fx)

       A discussion was had on how codebases arrive at the ASF.  Last
       year, the Board created the Apache Incubator Project to deal
       with these incoming codebases, primary to ensure that the
       proper IP guarantees have been made, and also to ensure that
       any community arriving with the code is aware of ASF processes
       and requirements.
  
       However, there are many cases where codebases happen to have
       been elsewhere by ASF committers, which makes it much easier to
       "bring the code [into the ASF]". The Board is crafting
       guidelines for when a codebase can be directly imported and
       verified by a PMC, and when it is required to use the Incubator
       for that process. Information will be posted to
       general@incubator.apache.org when those guidelines have been
       completed.
{quote}



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