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Posted to legal-discuss@apache.org by "Benson Margulies (JIRA)" <ji...@apache.org> on 2012/12/20 15:05:12 UTC
[jira] [Commented] (LEGAL-152) Accepting GPL licensed code
[ https://issues.apache.org/jira/browse/LEGAL-152?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13537028#comment-13537028 ]
Benson Margulies commented on LEGAL-152:
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You can't accept GPL code under any circumstances. But your description is ambiguous. If someone submitted a patch via the mailing list to code under the AL, under the terms of the AL, they *have granted rights under the AL*, assuming that they have those rights to grant. If the contribution was offered in some other way, or if they explicitly insisted on GPL, it's GPL.
If the creator holds the copyright, they can certainly contribute by licensing to the foundation under the AL. As before, sending a patch to one of our mailing lists or attaching to our JIRA does that unless they explicitly take steps to avoid it.
It seems to me to be prudent to ask for an ICLA from anyone this confused and/or uncertain about whether they really want to make a contribution to an Apache project.
> Accepting GPL licensed code
> ---------------------------
>
> Key: LEGAL-152
> URL: https://issues.apache.org/jira/browse/LEGAL-152
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Ivan Habunek
>
> Apache log4php project just recieved a nice contribution which is unfortunately licensed under GPL (not specified whether v2 or v3). Sample here:
> https://github.com/d-ulyanov/log4php-graylog2/blob/master/log4php/appenders/LoggerAppenderAMQP.php
> I was wandering what are our options. I believe we may convince the contributor to change the license, but is that the only possibility? Can he sign over the rights for us to relicense the work or something similar? (IANAL and am a bit clueless)
> We are also considering to ask the contributor to sign the ICLA since it's a somewhat larger contribution than we usually get.
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