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From Craig Russell <apache....@gmail.com>
Subject Re: Podling CLA/Grant advice
Date Tue, 03 Oct 2017 00:51:34 GMT

> On Oct 2, 2017, at 5:23 PM, Roman Shaposhnik <roman@shaposhnik.org> wrote:
> 
> On Mon, Oct 2, 2017 at 3:23 PM, Craig Russell <apache.clr@gmail.com> wrote:
>> Not to contradict our VP, Legal, just to clarify.
>> 
>>> On Oct 2, 2017, at 1:17 PM, Chris Mattmann <mattmann@apache.org> wrote:
>>> 
>>> Clearly, an SGA is intended for the copyright holder. If that’s an individual
who as an
>>> individual represents those copyright holders, OK, but it’s gotta be pretty
clear.
>> 
>> That is a pretty high bar, and I've not seen it in practice. In order for an individual
to own
>> the rights and grant those rights via an SGA, there would need to be some grant document
>> from the contributor to the individual(s) signing the SGA.
> 
> +1 to what Craig is saying -- I've also seen a much laxer attitude in
> the past. The very questions
> I'm asking is whether we should consider tighten our practices or
> still allow SGAs that are lax.
> 
> I'm actually working on a proposal right now for a project that
> existed on GitHub for sometime.
> I've assumed that an SGA *on behalf* of the community (but NOT from
> somebody who is legally
> speaking a copyright holder) will be a way to go.

Speaking as a non-lawyer, "You cannot grant rights that you do not own." And the following
is strictly my own opinion. 

A project that is licensed under alv2.0 and has existed for so long that the contributors
cannot be found can still use code with the Apache license, but not with the Apache header.

If the project is currently licensed using the alv2.0 as its license, then the project can
continue to use the license with its original headers and NOTICE. 

Craig

> 
> Thanks,
> Roman.
> 
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Craig L Russell
Secretary, Apache Software Foundation
clr@apache.org http://db.apache.org/jdo


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