[jira] [Commented] (LEGAL-452) Create new Provenance FAQ?

["Henri Yandell (JIRA)" <ji...@apache.org>]

    [ https://issues.apache.org/jira/browse/LEGAL-452?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16801454#comment-16801454 ] 

Henri Yandell commented on LEGAL-452:
-------------------------------------

If we're going to list three things, numbering them would be good too :)

> Create new Provenance FAQ?
> --------------------------
>
>                 Key: LEGAL-452
>                 URL: https://issues.apache.org/jira/browse/LEGAL-452
>             Project: Legal Discuss
>          Issue Type: Task
>            Reporter: Henri Yandell
>            Priority: Major
>
> The current licenses/index.html page contains a section named Provenance which attempts to explain the provenance of the pieces within Apache products. 
> High level summary: I don't like the overly long categories and there are some missing pieces in the explanation, and some unnecessary explanation. 
> {quote}
> h3. Provenance
> Source code (including machine-readable documentation, release notes, guides,
> test cases, run books, and scripts) in Apache repositories falls into three
> classifications (solely for the purpose of this discussion):
> {quote}
> Unnecessarily long. Could be:
>     Content in Apache Software Foundation source code repositories falls into three provenance classifications: 
> {quote}
> * Code developed at Apache under Apache governance, licensed to Apache by its developers under a Contributor License Agreement, distributed by Apache, and licensed to downstream users under the Apache license
> This represents most code at Apache. The code contains a standard Apache license
> header which refers to the standard Apache license in the distribution.
> {quote}
> There's a lot of repeat here that isn't needed. Do we need the weak distributed by and licensed to pieces? (should be ASF and Apache License 2.0). It's also wrong; the code contains an ASF specific source header, rather than a standard Apache license header.
> {quote}
> * Code developed elsewhere, licensed to Apache under a Software Grant Agreement, incorporated into Apache projects, distributed by Apache, and licensed to downstream users under the Apache license
> This is code that is being brought into Apache for future development as part
> of an Apache project. The headers on all files are changed to the standard Apache
> header. Most incubator projects start as externally-developed code and the
> Intellectual Property Clearance process is done as part of incubation.
> Code that is originally developed elsewhere and is being brought into Apache for
> future development as part of an existing project must have the Intellectual Property
> Clearance process done explicitly by the PMC of the receiving project, under the
> auspices of the Incubator PMC which must approve the process.
> {quote}
> I don't believe it always uses a Software Grant Agreement; often a CLA is used in this situation. The text itself is good though, it's explaining that sometimes code comes in larger chunks than a 'contribution' and we do some extra diligence then. It promises a bit too much in its implied statement that everything is covered by an SGA.
> {quote}
> * Code developed elsewhere, received under a Category A license, incorporated into Apache projects, distributed by Apache, and licensed to downstream users under its original license
> This code retains its external identity and is being incorporated into an Apache project
> for convenience, to avoid referencing an external repository whose contents are not
> under control of the project. The code retains its original license; and distribution as
> part of the Apache project explicitly calls out the license. The code retains its original
> header which refers to its own license in the distribution. If changes are made to the
> code while at Apache, the standard Apache header is prepended to each changed
> file. Additionally, any legally-required notices related to the code are published in the
> distribution.
> {quote}
> Could do with a link to Category A if it's going to refer to it. Should double check we prepend rather than append (ugh on prepend - we always get irritated when folk put their source header above ours when they make a tiny change :) ).
> Note that non-committer contributions are not being covered here. Those are covered by Section 5 of the Apache License 2.0. Also not covered is Category B licensing inclusion in convenience binaries. 



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