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Posted to legal-discuss@apache.org by Daniel Shahaf <d....@daniel.shahaf.name> on 2012/04/25 14:22:45 UTC

Re: Questions about ZetaComponents Incubator retired from Apache, moving to Github

Benjamin Eberlei wrote on Wed, Apr 25, 2012 at 12:17:55 +0200:
> Hello everyone,
> 
> there was a vote to retire ZetaComponents from Apache Incubator last week
> which passed and now we (some but not all of the committers) want to move
> the code to a new Github organization now, to allow third parties to
> continue development and have a central place to apply patches and allow
> forks from. Regarding this move we have several questions with regard to
> the retirement status:
> 
> 1. Should the copyright for all code so far stay with Apache or is a
> copyright re-assignment to the respective authors usual?
> 

The ASF does not have its committers assign copyright to it, so the
copyright stays with the original committers of each change (or their
employers).  You can rely on that, or on the ALv2 license the ASF
presents to you (and to anyone else).

> 2. Does this move constitute a fork with regard to
> http://www.apache.org/licenses/LICENSE-2.0 § 4.2.? In that case, what kind
> of additional header should we include in all files?
> 
> Example: "This project was forked from retired Apache Project Zeta
> Components "
> 
> Does it need to be in all files? Does the NOTICE file suffice?
> 
> 3. What abou the name of the project "Zeta Components". Does Apache own the
> right to that name and do we have to change this? We are not sure about
> "who" is the "owner" of the name.
> 

I would suggest that you contact trademarks@ (privately-archived list)
and ask whether they would be okay with you reusing the name.  Such
a request is likelier to be approved if it's the same group of people as
the (retired) podling.

> I would be gladful for any hints how to pursue this move.
> 
> greetings,
> Benjamin

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Re: Questions about ZetaComponents Incubator retired from Apache, moving to Github

Posted by Daniel Shahaf <d....@daniel.shahaf.name>.
Benjamin Eberlei wrote on Wed, Apr 25, 2012 at 23:54:11 +0200:
> On Wed, Apr 25, 2012 at 8:55 PM, Daniel Shahaf <d....@daniel.shahaf.name>wrote:
> > I do wonder, though: if personally it is the same group of people, why
> > did you decide to work on the project on github rather than on ASF?
> > general@ archives say "lack of activity"...?
> >
> 
> There have been ~10-20 commits in the last 2 years. We don't expect much
> more activity on Github to be honest, we just want to move the code to
> somewhere were we can still make changes and don't tie up resources of
> Apache Foundation. Most of the components are unmaintained at the moment
> and only some gems exist that are still maintained by the authors. Overall
> the code is very stable and has been for years. Not much time needs to be
> invested for maintenance. For the little things that needs to be done its
> easier to manage the code on Github and using a new PHP Package Management
> system Composer we can immediately generate releases from Git tags instead
> of our previously large release routine that we couldn't get running after
> moving to Apache.

Thanks for the background, and good luck.

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Re: Questions about ZetaComponents Incubator retired from Apache, moving to Github

Posted by Benjamin Eberlei <ko...@beberlei.de>.
On Wed, Apr 25, 2012 at 8:55 PM, Daniel Shahaf <d....@daniel.shahaf.name>wrote:

> Benjamin Eberlei wrote on Wed, Apr 25, 2012 at 20:00:01 +0200:
> > On Wed, Apr 25, 2012 at 2:22 PM, Daniel Shahaf <d.s@daniel.shahaf.name
> >wrote:
> >
> > > Benjamin Eberlei wrote on Wed, Apr 25, 2012 at 12:17:55 +0200:
> > > > Hello everyone,
> > > >
> > > > there was a vote to retire ZetaComponents from Apache Incubator last
> week
> > > > which passed and now we (some but not all of the committers) want to
> move
> > > > the code to a new Github organization now, to allow third parties to
> > > > continue development and have a central place to apply patches and
> allow
> > > > forks from. Regarding this move we have several questions with
> regard to
> > > > the retirement status:
> > > >
> > > > 1. Should the copyright for all code so far stay with Apache or is a
> > > > copyright re-assignment to the respective authors usual?
> > > >
> > >
> > > The ASF does not have its committers assign copyright to it, so the
> > > copyright stays with the original committers of each change (or their
> > > employers).  You can rely on that, or on the ALv2 license the ASF
> > > presents to you (and to anyone else).
> > >
> >
> > Ok, and what about changing the header notices? Currently its this:
> >
> >
> https://github.com/apache/zetacomponents/blob/trunk/Archive/src/archive.php
> > https://github.com/apache/zetacomponents/blob/trunk/Archive/NOTICE
> >
>
> Perhaps you should follow what ASF's own legal FAQs say about importing
> 3rd-party ALv2-licensed code (and handling its headers).
>
> > I wrote a mail to trademarks@. Lets hope to get an answer :-) The list
> > didnt send me a mail back, so i hope it reached the destination.
>
> It did.
>
> I do wonder, though: if personally it is the same group of people, why
> did you decide to work on the project on github rather than on ASF?
> general@ archives say "lack of activity"...?
>

There have been ~10-20 commits in the last 2 years. We don't expect much
more activity on Github to be honest, we just want to move the code to
somewhere were we can still make changes and don't tie up resources of
Apache Foundation. Most of the components are unmaintained at the moment
and only some gems exist that are still maintained by the authors. Overall
the code is very stable and has been for years. Not much time needs to be
invested for maintenance. For the little things that needs to be done its
easier to manage the code on Github and using a new PHP Package Management
system Composer we can immediately generate releases from Git tags instead
of our previously large release routine that we couldn't get running after
moving to Apache.

greetings,
Benjamin

Re: Questions about ZetaComponents Incubator retired from Apache, moving to Github

Posted by Daniel Shahaf <d....@daniel.shahaf.name>.
Benjamin Eberlei wrote on Wed, Apr 25, 2012 at 20:00:01 +0200:
> On Wed, Apr 25, 2012 at 2:22 PM, Daniel Shahaf <d....@daniel.shahaf.name>wrote:
> 
> > Benjamin Eberlei wrote on Wed, Apr 25, 2012 at 12:17:55 +0200:
> > > Hello everyone,
> > >
> > > there was a vote to retire ZetaComponents from Apache Incubator last week
> > > which passed and now we (some but not all of the committers) want to move
> > > the code to a new Github organization now, to allow third parties to
> > > continue development and have a central place to apply patches and allow
> > > forks from. Regarding this move we have several questions with regard to
> > > the retirement status:
> > >
> > > 1. Should the copyright for all code so far stay with Apache or is a
> > > copyright re-assignment to the respective authors usual?
> > >
> >
> > The ASF does not have its committers assign copyright to it, so the
> > copyright stays with the original committers of each change (or their
> > employers).  You can rely on that, or on the ALv2 license the ASF
> > presents to you (and to anyone else).
> >
> 
> Ok, and what about changing the header notices? Currently its this:
> 
> https://github.com/apache/zetacomponents/blob/trunk/Archive/src/archive.php
> https://github.com/apache/zetacomponents/blob/trunk/Archive/NOTICE
> 

Perhaps you should follow what ASF's own legal FAQs say about importing
3rd-party ALv2-licensed code (and handling its headers).

> I wrote a mail to trademarks@. Lets hope to get an answer :-) The list
> didnt send me a mail back, so i hope it reached the destination.

It did.

I do wonder, though: if personally it is the same group of people, why
did you decide to work on the project on github rather than on ASF?
general@ archives say "lack of activity"...?

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Re: Questions about ZetaComponents Incubator retired from Apache, moving to Github

Posted by Benjamin Eberlei <ko...@beberlei.de>.
On Wed, Apr 25, 2012 at 2:22 PM, Daniel Shahaf <d....@daniel.shahaf.name>wrote:

> Benjamin Eberlei wrote on Wed, Apr 25, 2012 at 12:17:55 +0200:
> > Hello everyone,
> >
> > there was a vote to retire ZetaComponents from Apache Incubator last week
> > which passed and now we (some but not all of the committers) want to move
> > the code to a new Github organization now, to allow third parties to
> > continue development and have a central place to apply patches and allow
> > forks from. Regarding this move we have several questions with regard to
> > the retirement status:
> >
> > 1. Should the copyright for all code so far stay with Apache or is a
> > copyright re-assignment to the respective authors usual?
> >
>
> The ASF does not have its committers assign copyright to it, so the
> copyright stays with the original committers of each change (or their
> employers).  You can rely on that, or on the ALv2 license the ASF
> presents to you (and to anyone else).
>

Ok, and what about changing the header notices? Currently its this:

https://github.com/apache/zetacomponents/blob/trunk/Archive/src/archive.php
https://github.com/apache/zetacomponents/blob/trunk/Archive/NOTICE


>
> > 2. Does this move constitute a fork with regard to
> > http://www.apache.org/licenses/LICENSE-2.0 § 4.2.? In that case, what
> kind
> > of additional header should we include in all files?
> >
> > Example: "This project was forked from retired Apache Project Zeta
> > Components "
> >
> > Does it need to be in all files? Does the NOTICE file suffice?
> >
> > 3. What abou the name of the project "Zeta Components". Does Apache own
> the
> > right to that name and do we have to change this? We are not sure about
> > "who" is the "owner" of the name.
> >
>
> I would suggest that you contact trademarks@ (privately-archived list)
> and ask whether they would be okay with you reusing the name.  Such
> a request is likelier to be approved if it's the same group of people as
> the (retired) podling.
>

I wrote a mail to trademarks@. Lets hope to get an answer :-) The list
didnt send me a mail back, so i hope it reached the destination.


>
> > I would be gladful for any hints how to pursue this move.
> >
> > greetings,
> > Benjamin
>