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From Craig Russell <apache....@gmail.com>
Subject Re: Including / forking Apache 2.0 licensed code into an ASF project
Date Wed, 04 Oct 2017 18:50:11 GMT

> On Oct 3, 2017, at 11:15 PM, Stian Soiland-Reyes <stain@apache.org> wrote:
> 
> License-wise this is generally OK as the incoming code is Apache-licensed. 
> 
> However you would also need to verify and keep track of the Intellectual Property, as
ASF will be redistributing the incoming code as our own. 

Not quite. The code retains it original header and copyrights. IIUC, the plan is to redistribute
the incoming code as third party  source with Apache modifications.

Craig

> 
> This is normally done with a Software Grant signed by the legal IP owners of the outside
contributers granting ASF a copyright license. The IP owners may be the employer if covered
by the contributor's contract. 
> 
> As well you will need to inspect the history and file headers of each individual file
to verify it is truly covered by that software grant and is compatible with Apache license.
This is not very different from the situation of incubation, except that you may need to involve
the original contributors.
> 
> The Software Grant needs to be filed according to ASF procedures. In ASF the responsibility
for handling this has been delegated to the Incubator PMC.
> 
> 
> See http://incubator.apache.org/ip-clearance/index.html <http://incubator.apache.org/ip-clearance/index.html>
> 
> On 3 Oct 2017 6:13 pm, "Emilian Bold" <emilian.bold@gmail.com <mailto:emilian.bold@gmail.com>>
wrote:
> Within the source repository.
> 
> Because, if we include a binary plugin it will be just like any other 3rd party dependency
JAR, no?
> 
> Ideally we would compile it ourselves and might even have to tweak the plugin a bit.
That means importing the sources (under Apache 2.0 license, but not owned by the ASF) into
the repository and doing some changes (by JMeter contributors) on top of those sources.
> 
> Looks to me like an in-house 'fork' or the way 'vendor'-ing is done in Go projects.
> 
> 
> 
> --emi
> 
> On Tue, Oct 3, 2017 at 7:38 PM, John D. Ament <johndament@apache.org <mailto:johndament@apache.org>>
wrote:
> Just to make sure I understand correctly, you're looking to include a 3rd party plugin
in your binary distribution?  Or within your source repository?
> 
> John
> 
> 
> On Tue, Oct 3, 2017 at 11:50 AM Emilian Bold <emilian.bold@gmail.com <mailto:emilian.bold@gmail.com>>
wrote:
> I was actually talking about the Apache JMeter project itself.
> 
> We, the Apache JMeter contributors, are talking on the mailing list[1] about this possibility
but are unclear about the legal ramifications under the ASF.
> 
> 1. https://lists.apache.org/thread.html/3926403c5576e6c6c8bdab429eb21864228b3a27850adfc71a278c14@%3Cdev.jmeter.apache.org%3E
<https://lists.apache.org/thread.html/3926403c5576e6c6c8bdab429eb21864228b3a27850adfc71a278c14@%3Cdev.jmeter.apache.org%3E>
> 
> 
> 
> --emi
> 
> On Tue, Oct 3, 2017 at 6:34 PM, Ted Dunning <ted.dunning@gmail.com <mailto:ted.dunning@gmail.com>>
wrote:
> Your question is a bit ambiguous because you don't quite say who"we" are. I will make
some assumptions in answering that may be wrong. 
> 
> If you are asking about the distribution of a product that consists of jmeter plus some
code of your own, your are entirely welcome to do so. It doesn't matter how your part is licensed,
but the Apache license is a favorite of mine. 
> 
> When you do distribute your augmented version of Jmeter, you do need to make the final
users of your software aware of the contents of the NOTICE file. This is often done with a
splash screen. 
> 
> Besides that, go for it. The Apache license is specifically designed to make it easy
to include code in your product. "business friendly open source" as they say. 
> 
> 
> On Oct 3, 2017 12:43 PM, "Emilian Bold" <emilian.bold@gmail.com <mailto:emilian.bold@gmail.com>>
wrote:
> Hello,
> 
> For Apache JMeter we are thinking about including a community plugin that is also Apache
2.0 licensed.
> 
> We are unsure about how this should be handled:
> 
> 1. We might patch the code -- so, it's close to a 'fork' (or a 'vendor' folder with some
patches). We will also sync with the upstream changes. 
> 2. We will be redistributing the code to our users as well as a compiled binary JAR file
> 
> What are the rules surrounding this?
> 
> How do we include the code? How do we license our own changes for new / existing files
within that plugin?
> 
> --emi
> 
> 
> 
> 

Craig L Russell
clr@apache.org


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