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Posted to legal-discuss@apache.org by "Sheng Zha (Jira)" <ji...@apache.org> on 2021/01/05 19:05:03 UTC
[jira] [Comment Edited] (LEGAL-515) Requesting guidance on MXNet's
compliance with Apache Legal requirements
[ https://issues.apache.org/jira/browse/LEGAL-515?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=17259134#comment-17259134 ]
Sheng Zha edited comment on LEGAL-515 at 1/5/21, 7:04 PM:
----------------------------------------------------------
Now that LEGAL-516 has been resolved, we have full clarity on the legal guidance on binary distribution for our project.
To summarize
* Third-party distributions that contain Category-X code or unreleased Apache project source code must not use Apache trademarks
* From LEGAL-516, binary distribution that's compiled from CUDA compiler can be licensed under ALv2 and thus no longer Category-X
* First-party releases, including binary releases, must only include code from releases that passed release vote.
Thanks everyone who helped us identify and resolve the issues in our binary distribution practices.
was (Author: zhasheng):
Now that LEGAL-516 has been resolved, we have full clarity on the legal guidance on binary distribution for our project.
To summarize
* Third-party distributions that contain Category-X code or unreleased Apache project source code must not use Apache trademarks
* From LEGAL-516, binary distribution that's compiled from CUDA compiler can be licensed under ALv2 and thus no longer Category-X
* First-party releases must only include code from releases that passed release vote.
Thanks everyone who helped us identify and resolve the issues in our binary distribution practices.
> Requesting guidance on MXNet's compliance with Apache Legal requirements
> ------------------------------------------------------------------------
>
> Key: LEGAL-515
> URL: https://issues.apache.org/jira/browse/LEGAL-515
> Project: Legal Discuss
> Issue Type: Question
> Reporter: Leonard Lausen
> Priority: Major
>
> Hi Apache Legal,
> MXNet project is well aware that no Apache project is allowed to redistribute closed source components. However, third parties have started to distribute Apache MXNet binaries with closed-source components provided by various hardware manufacturers (eg. Intel MKL or NVidia Cuda), enabling optimized performance on these platforms.
> Can such a third-party distribution result from a continuous delivery pipeline (operated by the third-party) whose source is managed by the project? Or would the source code of such continuous delivery pipeline need to be managed by the third-party outside the ASF source code?
> For example, [https://github.com/apache/incubator-mxnet/tree/master/cd] contains code currently run on machines sponsored by Amazon Web Services that builds various variants of MXNet (including some with closed source components) and places the resulting binaries in a S3 bucket sponsored by Amazon Web Services, exposed as [https://dist.mxnet.io/python/cu102]. Some of binaries (corresponding to RC and release versions commits) are also uploaded to Pypi, for example at [https://pypi.org/project/mxnet-cu102/]
> Further, from a brand management and trademark perspective: Such third-party distributions contain references to Apache MXNet. Could you clarify how and if third-party distributions may mention that they redistribute Apache MXNet (eg. with a disclaimer that they contain closed-source components)?
> An example is [https://pypi.org/project/mxnet-cu102/]. I do find a [reference on legal-discuss|https://lists.apache.org/thread.html/da8290a4f087aa63daf7499ba5b869f94cc9ee3f3427f15032deb803%40%3Clegal-discuss.apache.org%3E] where Marvin Humphrey suggests that anyone using the Apache trademark must not redistribute closed-source components, but I'm not sure if that reference is the conclusion on the issue and how it relates to "fair use" of the Apache trademarks.
> Finally, I believe the MXNet project website would need to be updated to clarify that such binaries are provided by third parties and not associated with the ASF. Is that correct? It is currently not done: [https://mxnet.apache.org/get_started/?platform=linux&language=python&processor=gpu&environ=pip&]
> Thank you for your time and help clarifying these questions.
> Leonard
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