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From "John D. Ament (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-310) Handling of IP Clearance for non-incubating projects
Date Mon, 22 May 2017 20:37:04 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-310?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16020153#comment-16020153
] 

John D. Ament commented on LEGAL-310:
-------------------------------------

Specifically my argument is:

- The IPMC generally has no interest in IP outside of podlings.
- If the incoming code grant doesn't represent a podling's work I see no reason why the IPMC
needs to be made aware of it.
- The phrasing of the page makes it seem like we're responsible for actually reviewing the
IP, however in the case of an SGA the donator is responsible for this (see section 2, copied)
{quote}
2. Licensor represents that, to Licensor's knowledge, Licensor is
legally entitled to grant the above license. Licensor agrees to notify
the Foundation of any facts or circumstances of which Licensor becomes
aware and which makes or would make Licensor's representations in this
License Agreement inaccurate in any respect.
{quote}

If anything, this means that the recipient of the SGA needs to vet the actual IP to confirm
that they can in fact license the code in this way.

> 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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