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Posted to legal-discuss@apache.org by Trustin Lee <tr...@gmail.com> on 2007/02/21 03:53:14 UTC

Detailed documentation for software grant procedure? (Was: Re: heartbeat and connection monitoring)

Hi,

MINA PMC is trying to deal with software grant process, but I don't have
enough knowledge on this area.  People at legal-discuss could help
me. :)

2007-02-18 (일), 17:46 +0200, Eero Nevalainen 쓰시길:
> <flush quotes>
> 
> Thank you Robert and Alex for your explanations. I took a look at
> http://www.apache.org/legal/ and http://incubator.apache.org/.
> The CCLA and software grant seem appropriate to me but the Incubator
> process sounds like overkill, because it's just four classes.
> 
> I got an "All ok" from my bosses on friday. Benoit: If you're not in
> hurry I can probably get the details cleared for Mon 26. or one week
> from that at the latest. (I have a week of vacation starting today).
> 
> 
> Practical stuff:
> At the end of the Corporate CLA are Schedules A and B. I understand
> we're supposed to replace the content in brackets. Few questions:
> 
> - What kind of extra security does the employee "whitelisting" bring? If
>  we have a malevolent/incompetent new employee who posts company code,
> are we somehow more protected?

AFAIK, there's no protection for such a situation, but I guess
legal-discuss list might give us a better answer.

> 
> - Any advice or examples on how the software grant is supposed to be
> worded? IANAL either.

It's here: http://www.apache.org/licenses/software-grant.txt

> After I've faxed our CCLA and my CLA is there something else that needs
> to be done before sending code? Also, what's the preferred way to
> actually transfer the code?

I couldn't find a detailed documentation on this process.  Robert once
raised this issue, but I can't find any answer either.

> 
> Visibility stuff:
> <quote Robert>
> > apache seems comfortable with an attribution in the NOTICE file
> > similar to the apache notice:
> >
> > "This product includes software developed at The Apache Software
> > Foundation (http://www.apache.org/)."
> >
> > for example http://svn.apache.org/repos/asf/db/derby/code/trunk/NOTICE
> >
> > if the company is looking for more than that (for example, links from
> > the web site) then this is leading into areas outside the comfort
> > zone...
> 
> The mention in the NOTICE file seems fine. I was originally thinking
> about maybe leaving something like "Thanks to Indagon for the original"
> in the class files, WDYT?

It sounds OK to me.

Please refer to the original thread if you are interested in the whole
story:

Please refer to the following thread to find more out:

http://www.nabble.com/heartbeat-and-connection-monitoring-tf3213604.html

Thanks in advance,
Trustin
-- 
what we call human nature is actually human habit
--
http://gleamynode.net/
--
PGP Key ID: 0x0255ECA6

Re: Detailed documentation for software grant procedure? (Was: Re: heartbeat and connection monitoring)

Posted by Niclas Hedhman <ni...@hedhman.org>.
> 2007-02-18 (일), 17:46 +0200, Eero Nevalainen 쓰시길:

> > Thank you Robert and Alex for your explanations. I took a look at
> > http://www.apache.org/legal/ and http://incubator.apache.org/.
> > The CCLA and software grant seem appropriate to me but the Incubator
> > process sounds like overkill, because it's just four classes.

Incubator has a so called "IP Clearance" process, which is in place for these 
kind of situations. It is a matter of properly recording the contribution and 
have everything on file in known locations.

Once the paperwork is done, you commit in the code in Incubator, get an ACK 
from the Incubator PMC, then make a svn copy to the project. With a bit of 
flow it can be done in a week or so.

> > - What kind of extra security does the employee "whitelisting" bring? If
> >  we have a malevolent/incompetent new employee who posts company code,
> > are we somehow more protected?

It means that the company explicitly states who has the blessing of the 
company to contribute. The purpose varies from jurisdiction to jurisdiction.
One of the major points is that the company signals that "Hey, we know that 
these individuals are working on ASF codebases, and that is fine with us.", 
so that the company later can't come running saying "That code is ours..." 
even if it has clearly been developed in an open manner.

If an employee contributes code that are not intended for open sourcing, I 
think the ASF will "play nice" and pull it as soon as a flag is raised to the 
Board. Your legal standing with the individual, though, would depend on your 
jurisdiction and the role of the individual in the company. I doubt that the 
CCLA would bring any additional favours.
The "IP Clearance" process also exist as a watchdog against this. Any larger 
contribution would hit the Incubator first, and the company would need to 
sign off. If the individual claim and signs that it is "private code", the 
company will have a very strong case of fraud and misrepresentation, thanks 
to the "IP Clearance" process.


I hope that answers some of the questions.


Cheers
Niclas

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Re: Detailed documentation for software grant procedure? (Was: Re: heartbeat and connection monitoring)

Posted by Trustin Lee <tr...@gmail.com>.
2007-02-20 (화), 19:37 -0800, Jean T. Anderson 쓰시길:
> Trustin Lee wrote:
> > Hi,
> > 
> > MINA PMC is trying to deal with software grant process, but I don't have
> > enough knowledge on this area.  People at legal-discuss could help
> > me. :)
> 
> I find the instructions at the top of the ip clearance template to be
> the most helpful:
> 
> http://incubator.apache.org/ip-clearance/ip-clearance-template.html
> 
> The form itself (everything below the "cut here" line) fills in the
> other steps that need to be done.

Great! This is exactly what I was looking for.

Thanks,
Trustin
-- 
what we call human nature is actually human habit
--
http://gleamynode.net/
--
PGP Key ID: 0x0255ECA6

Re: Detailed documentation for software grant procedure? (Was: Re: heartbeat and connection monitoring)

Posted by Trustin Lee <tr...@gmail.com>.
2007-02-20 (화), 19:37 -0800, Jean T. Anderson 쓰시길:
> Trustin Lee wrote:
> > Hi,
> > 
> > MINA PMC is trying to deal with software grant process, but I don't have
> > enough knowledge on this area.  People at legal-discuss could help
> > me. :)
> 
> I find the instructions at the top of the ip clearance template to be
> the most helpful:
> 
> http://incubator.apache.org/ip-clearance/ip-clearance-template.html
> 
> The form itself (everything below the "cut here" line) fills in the
> other steps that need to be done.

Great! This is exactly what I was looking for.

Thanks,
Trustin
-- 
what we call human nature is actually human habit
--
http://gleamynode.net/
--
PGP Key ID: 0x0255ECA6

Re: Detailed documentation for software grant procedure? (Was: Re: heartbeat and connection monitoring)

Posted by "Jean T. Anderson" <jt...@apache.org>.
Trustin Lee wrote:
> Hi,
> 
> MINA PMC is trying to deal with software grant process, but I don't have
> enough knowledge on this area.  People at legal-discuss could help
> me. :)

I find the instructions at the top of the ip clearance template to be
the most helpful:

http://incubator.apache.org/ip-clearance/ip-clearance-template.html

The form itself (everything below the "cut here" line) fills in the
other steps that need to be done.

 -jean

---------------------------------------------------------------------
DISCLAIMER: Discussions on this list are informational and educational
only.  Statements made on this list are not privileged, do not
constitute legal advice, and do not necessarily reflect the opinions
and policies of the ASF.  See <http://www.apache.org/licenses/> for
official ASF policies and documents.
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
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Re: Detailed documentation for software grant procedure? (Was: Re: heartbeat and connection monitoring)

Posted by "Jean T. Anderson" <jt...@apache.org>.
Trustin Lee wrote:
> Hi,
> 
> MINA PMC is trying to deal with software grant process, but I don't have
> enough knowledge on this area.  People at legal-discuss could help
> me. :)

I find the instructions at the top of the ip clearance template to be
the most helpful:

http://incubator.apache.org/ip-clearance/ip-clearance-template.html

The form itself (everything below the "cut here" line) fills in the
other steps that need to be done.

 -jean