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Posted to legal-discuss@apache.org by "Chris A. Mattmann (JIRA)" <ji...@apache.org> on 2018/03/21 05:06:00 UTC

[jira] [Assigned] (LEGAL-367) Apache Licensed project fork into incubation

     [ https://issues.apache.org/jira/browse/LEGAL-367?page=com.atlassian.jira.plugin.system.issuetabpanels:all-tabpanel ]

Chris A. Mattmann reassigned LEGAL-367:
---------------------------------------

    Assignee: Chris A. Mattmann

> Apache Licensed project fork into incubation
> --------------------------------------------
>
>                 Key: LEGAL-367
>                 URL: https://issues.apache.org/jira/browse/LEGAL-367
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Jochen Theodorou
>            Assignee: Chris A. Mattmann
>            Priority: Major
>
> I know a project, which uses the Apache License v2, in the situation where all of the maintainers will leave the company, that holds the copyright of the software. There is a substantial fear of maintainers, that the former employer may cause trouble and the maintainers do not really want to continue on the old project under the flag of the former employer. I see 4 options for them:
> (1) just continue and everything will somehow go well (unlikely)
> (2) move the project to the ASF, which may or may not work for the copyright holder
> (3) fork the project, but it is unclear to me if the copyright holder can prevent that (the fork must retain the copyright notice, have a different name and not use the logos of course)
> (4) fork and go to the ASF.
>  
> Given that (1) is expected not to work out, what do you guys advice on option 2, 3 and 4? Afaik moving to the ASF requires to transfer the copy right to the ASF. If that is right, then option 2 and 4 may also not happen. So are they left with option 3 only and can they actually expect not to be taken down by the original copyright holder?



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