[jira] [Commented] (LEGAL-310) Handling of IP Clearance for non-incubating projects

["Craig L Russell (JIRA)" <ji...@apache.org>]

    [ https://issues.apache.org/jira/browse/LEGAL-310?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16020089#comment-16020089 ] 

Craig L Russell commented on LEGAL-310:
---------------------------------------

I'm really confused why this issue was raised.

The document http://incubator.apache.org/ip-clearance/ is pretty clear that:

the receiving PMC is responsible for doing the work
the IPMC is notified that there is an IP Clearance to review and approve by lazy consensus.

Please, read the document and raise specific issues about its content.


> 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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