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Posted to general@incubator.apache.org by Till Westmann <ti...@apache.org> on 2021/09/02 05:28:37 UTC

[IP CLEARANCE] Apache AsterixDB - JDBC Driver

Hi Incubator PMC,

The Apache AsterixDB project has voted [0] to accept the donation of the 
AsterixDB JDBC Driver [1].

This code was originally developed by multiple developers at Couchbase 
using the Apache License.
A SGA from Couchbase has been submitted to the ASF and the receipt of 
the document has been acknowledged by the secretary.
The repository with the Apache license headers was created with the 
purpose of being donated to the ASF and thus already uses ASF headers.

Please VOTE to accept this contribution.

Following the IP clearance process [2] this is a lazy consensus majority 
vote, open for at least 72 hours.

Thanks,
Till (on behalf of the AsterixDB PMC)

[0] https://s.apache.org/dtssr
[1] https://incubator.apache.org/ip-clearance/asterixdb-jdbc-driver
[2] http://incubator.apache.org/ip-clearance/

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Re: [IP CLEARANCE] Apache AsterixDB - JDBC Driver

Posted by Justin Mclean <ju...@classsoftware.com>.
Hi,

Changing my vote to +0.

Thanks for your answers. I still have some concerns, and looking at the vote thread / your mailing list, I cannot see any discussion about any potential IP issues. It is not possible from the information provided to determine if the PMC has taken the required steps of IP clearance or not. IMO a SGA on its own is not sufficient. For instance, it is unknown who worked on it or if they or a company owns the IP. It is unknown if 3rd party code have been included in the donations. That being said, I trust the PMC will look into this before making their next release.

Kind Regards,
Justin
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Re: [IP CLEARANCE] Apache AsterixDB - JDBC Driver

Posted by Till Westmann <ti...@apache.org>.
Hi John,

Thank you for your vote!

In executing and filing the SGA Couchbase asserts that it "owns or has 
sufficient rights to contribute the software source code and other 
related intellectual property". And I'm sure that Couchbase did not 
execute the SGA without exercising due diligence before donating the 
code.

Obviously, members of the PMC will look at the code before forming a 
release and will also expect Couchbase to fulfill their obligations as 
described in the SGA.

Regards,
Till

On 7 Sep 2021, at 17:42, John D. Ament wrote:

> Hi Till
>
> fwiw I think the donation is fine though the AsterixDB PMC will need 
> to do
> some due diligence in verifying ownership of code before forming a 
> release.
> This is likely what Justin is trying to refer to as well.
>
> Some background on possible issues….
>
> Before GitHub became the popular place to do this when a donation was
> received a tar ball without any history was the preferred method to 
> receive
> it. Since the donation was put on GitHub it leaves some ambiguity with 
> the
> actual history of the code. The ASF headers already applied create 
> some
> additional cautiousness here - no one can validate 100% that the code 
> being
> donated can actually be claimed by couchbase. No way to see if some 
> code
> was lifted via stack overflow or taken from a GPL library.
>
> So here’s my +1 with the cautionary note about validating the 
> original
> source of each line of code.
>
> John
>
>
> On Tue, Sep 7, 2021 at 19:01 Till Westmann <ti...@apache.org> wrote:
>
>> Hi Justin,
>>
>> On 3 Sep 2021, at 0:46, Justin Mclean wrote:
>>
>>>> Please help me understand why
>>>> - the software grant from Couchbase and
>>>> - the acceptance from the AsterixDB project
>>>> are not sufficient to approve this donation.
>>>
>>> Because IMO the information provided doesn’t give sufficient 
>>> detail
>>> to determine who has contributed to the codebase, the history of
>>> contributions has been hidden, the IP ownership of files can't 
>>> really
>>> be determined from what has been provided and previous questions by
>>> the IPMC on this donation went unanswered.
>>
>> On our "Contributor Agreements" page [1] we say:
>>
>> "When an individual or corporation [in this case a corporation] 
>> decides
>> to donate a body of existing software or documentation to one of the
>> Apache projects, they need to execute a formal Software Grant 
>> Agreement
>> (SGA) with the ASF [which has been executed and recorded]. Typically,
>> they do this after negotiating approval with the ASF Incubator or one 
>> of
>> the PMCs [in this case the AsterixDB PMC], since the ASF does not 
>> accept
>> software unless there is a viable community available to support it 
>> as
>> part of a collaborative project."
>>
>> The code has been developed by developers working for Couchbase and 
>> the
>> IP is owned by the corporation. Couchbase has executed the SGA and 
>> has
>> specified which code is contributed to the ASF under the terms of the
>> SGA. As the AsterixDB PMC has voted to accept the donation it seems 
>> that
>> all requirements to accept the donation are met.
>>
>> Wasn't the SGA design for cases like this where a corporation (and 
>> not
>> an individual) contributes code to an Apache project?
>>
>> On your questions:
>> Q: Where was this code original developed and who worked on it? There 
>> is
>> only a couple of commits in that repro, so it doesn’t seem to have
>> been developed there.
>> A: This code was originally developed by multiple developers working 
>> for
>> Couchbase. The names of current and former developers at Couchbase 
>> who
>> have worked on it (and who largely do not have an ICLA on file) seem 
>> to
>> be immaterial for the IP question as an SGA is recorded.
>>
>> Q: Why does the code have ASF headers on it before being donated? 
>> Were
>> any 3rd party headers removed?
>> A: The repository with the Apache license headers was created with 
>> the
>> purpose of being donated to the ASF. Couchbase's copyright notices 
>> were
>> removed from the source files and corresponding NOTICE files were 
>> added.
>> ASF headers were added to files that did not have license headers and
>> regular Apache License headers were replaced with the ASF headers.
>>
>> Q: Have all contributors signed ICLAs and/or do we have a SGA from
>> CouchBase?
>> A: A SGA has been executed and recorded. Not all contributors have
>> signed an ICLA, but that also seems immaterial as the SGA is 
>> available.
>>
>> Regards,
>> Till
>>
>> [1] 
>> https://www.apache.org/licenses/contributor-agreements.html#grants
>>
>> ---------------------------------------------------------------------
>> To unsubscribe, e-mail: general-unsubscribe@incubator.apache.org
>> For additional commands, e-mail: general-help@incubator.apache.org
>>
>>

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Re: [IP CLEARANCE] Apache AsterixDB - JDBC Driver

Posted by "John D. Ament" <jo...@apache.org>.
On Wed, Sep 8, 2021 at 11:11 David Jencks <da...@gmail.com> wrote:

> I’m watching from the sidelines….
>
> IIUC you are saying that if AsterixDB started over with a history-free
> tarball for this donation this whole question of validating the source
> origin would not arise and we’d just trust the SGA?



No not at all. If the donation came with the original headers and we knew
that the donor had done due diligence when developing the software
internally to confirm the source of all lines of code followed regular
licensing practices we would have less concern.

The big issue is that the donor changed the license headers before
donating. There’s actually no usable history in the GitHub repo as best as
I can tell.




>
> While some history is nice to have, I’m not sure it’s worth this
> conversation.
>
> David Jencks
>
> > On Sep 7, 2021, at 5:42 PM, John D. Ament <jo...@apache.org> wrote:
> >
> > Hi Till
> >
> > fwiw I think the donation is fine though the AsterixDB PMC will need to
> do
> > some due diligence in verifying ownership of code before forming a
> release.
> > This is likely what Justin is trying to refer to as well.
> >
> > Some background on possible issues….
> >
> > Before GitHub became the popular place to do this when a donation was
> > received a tar ball without any history was the preferred method to
> receive
> > it. Since the donation was put on GitHub it leaves some ambiguity with
> the
> > actual history of the code. The ASF headers already applied create some
> > additional cautiousness here - no one can validate 100% that the code
> being
> > donated can actually be claimed by couchbase. No way to see if some code
> > was lifted via stack overflow or taken from a GPL library.
> >
> > So here’s my +1 with the cautionary note about validating the original
> > source of each line of code.
> >
> > John
> >
> >
> > On Tue, Sep 7, 2021 at 19:01 Till Westmann <ti...@apache.org> wrote:
> >
> >> Hi Justin,
> >>
> >> On 3 Sep 2021, at 0:46, Justin Mclean wrote:
> >>
> >>>> Please help me understand why
> >>>> - the software grant from Couchbase and
> >>>> - the acceptance from the AsterixDB project
> >>>> are not sufficient to approve this donation.
> >>>
> >>> Because IMO the information provided doesn’t give sufficient detail
> >>> to determine who has contributed to the codebase, the history of
> >>> contributions has been hidden, the IP ownership of files can't really
> >>> be determined from what has been provided and previous questions by
> >>> the IPMC on this donation went unanswered.
> >>
> >> On our "Contributor Agreements" page [1] we say:
> >>
> >> "When an individual or corporation [in this case a corporation] decides
> >> to donate a body of existing software or documentation to one of the
> >> Apache projects, they need to execute a formal Software Grant Agreement
> >> (SGA) with the ASF [which has been executed and recorded]. Typically,
> >> they do this after negotiating approval with the ASF Incubator or one of
> >> the PMCs [in this case the AsterixDB PMC], since the ASF does not accept
> >> software unless there is a viable community available to support it as
> >> part of a collaborative project."
> >>
> >> The code has been developed by developers working for Couchbase and the
> >> IP is owned by the corporation. Couchbase has executed the SGA and has
> >> specified which code is contributed to the ASF under the terms of the
> >> SGA. As the AsterixDB PMC has voted to accept the donation it seems that
> >> all requirements to accept the donation are met.
> >>
> >> Wasn't the SGA design for cases like this where a corporation (and not
> >> an individual) contributes code to an Apache project?
> >>
> >> On your questions:
> >> Q: Where was this code original developed and who worked on it? There is
> >> only a couple of commits in that repro, so it doesn’t seem to have
> >> been developed there.
> >> A: This code was originally developed by multiple developers working for
> >> Couchbase. The names of current and former developers at Couchbase who
> >> have worked on it (and who largely do not have an ICLA on file) seem to
> >> be immaterial for the IP question as an SGA is recorded.
> >>
> >> Q: Why does the code have ASF headers on it before being donated? Were
> >> any 3rd party headers removed?
> >> A: The repository with the Apache license headers was created with the
> >> purpose of being donated to the ASF. Couchbase's copyright notices were
> >> removed from the source files and corresponding NOTICE files were added.
> >> ASF headers were added to files that did not have license headers and
> >> regular Apache License headers were replaced with the ASF headers.
> >>
> >> Q: Have all contributors signed ICLAs and/or do we have a SGA from
> >> CouchBase?
> >> A: A SGA has been executed and recorded. Not all contributors have
> >> signed an ICLA, but that also seems immaterial as the SGA is available.
> >>
> >> Regards,
> >> Till
> >>
> >> [1] https://www.apache.org/licenses/contributor-agreements.html#grants
> >>
> >> ---------------------------------------------------------------------
> >> To unsubscribe, e-mail: general-unsubscribe@incubator.apache.org
> >> For additional commands, e-mail: general-help@incubator.apache.org
> >>
> >>
>
>
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> To unsubscribe, e-mail: general-unsubscribe@incubator.apache.org
> For additional commands, e-mail: general-help@incubator.apache.org
>
>

Re: [IP CLEARANCE] Apache AsterixDB - JDBC Driver

Posted by David Jencks <da...@gmail.com>.
I’m watching from the sidelines….

IIUC you are saying that if AsterixDB started over with a history-free tarball for this donation this whole question of validating the source origin would not arise and we’d just trust the SGA?

While some history is nice to have, I’m not sure it’s worth this conversation.

David Jencks

> On Sep 7, 2021, at 5:42 PM, John D. Ament <jo...@apache.org> wrote:
> 
> Hi Till
> 
> fwiw I think the donation is fine though the AsterixDB PMC will need to do
> some due diligence in verifying ownership of code before forming a release.
> This is likely what Justin is trying to refer to as well.
> 
> Some background on possible issues….
> 
> Before GitHub became the popular place to do this when a donation was
> received a tar ball without any history was the preferred method to receive
> it. Since the donation was put on GitHub it leaves some ambiguity with the
> actual history of the code. The ASF headers already applied create some
> additional cautiousness here - no one can validate 100% that the code being
> donated can actually be claimed by couchbase. No way to see if some code
> was lifted via stack overflow or taken from a GPL library.
> 
> So here’s my +1 with the cautionary note about validating the original
> source of each line of code.
> 
> John
> 
> 
> On Tue, Sep 7, 2021 at 19:01 Till Westmann <ti...@apache.org> wrote:
> 
>> Hi Justin,
>> 
>> On 3 Sep 2021, at 0:46, Justin Mclean wrote:
>> 
>>>> Please help me understand why
>>>> - the software grant from Couchbase and
>>>> - the acceptance from the AsterixDB project
>>>> are not sufficient to approve this donation.
>>> 
>>> Because IMO the information provided doesn’t give sufficient detail
>>> to determine who has contributed to the codebase, the history of
>>> contributions has been hidden, the IP ownership of files can't really
>>> be determined from what has been provided and previous questions by
>>> the IPMC on this donation went unanswered.
>> 
>> On our "Contributor Agreements" page [1] we say:
>> 
>> "When an individual or corporation [in this case a corporation] decides
>> to donate a body of existing software or documentation to one of the
>> Apache projects, they need to execute a formal Software Grant Agreement
>> (SGA) with the ASF [which has been executed and recorded]. Typically,
>> they do this after negotiating approval with the ASF Incubator or one of
>> the PMCs [in this case the AsterixDB PMC], since the ASF does not accept
>> software unless there is a viable community available to support it as
>> part of a collaborative project."
>> 
>> The code has been developed by developers working for Couchbase and the
>> IP is owned by the corporation. Couchbase has executed the SGA and has
>> specified which code is contributed to the ASF under the terms of the
>> SGA. As the AsterixDB PMC has voted to accept the donation it seems that
>> all requirements to accept the donation are met.
>> 
>> Wasn't the SGA design for cases like this where a corporation (and not
>> an individual) contributes code to an Apache project?
>> 
>> On your questions:
>> Q: Where was this code original developed and who worked on it? There is
>> only a couple of commits in that repro, so it doesn’t seem to have
>> been developed there.
>> A: This code was originally developed by multiple developers working for
>> Couchbase. The names of current and former developers at Couchbase who
>> have worked on it (and who largely do not have an ICLA on file) seem to
>> be immaterial for the IP question as an SGA is recorded.
>> 
>> Q: Why does the code have ASF headers on it before being donated? Were
>> any 3rd party headers removed?
>> A: The repository with the Apache license headers was created with the
>> purpose of being donated to the ASF. Couchbase's copyright notices were
>> removed from the source files and corresponding NOTICE files were added.
>> ASF headers were added to files that did not have license headers and
>> regular Apache License headers were replaced with the ASF headers.
>> 
>> Q: Have all contributors signed ICLAs and/or do we have a SGA from
>> CouchBase?
>> A: A SGA has been executed and recorded. Not all contributors have
>> signed an ICLA, but that also seems immaterial as the SGA is available.
>> 
>> Regards,
>> Till
>> 
>> [1] https://www.apache.org/licenses/contributor-agreements.html#grants
>> 
>> ---------------------------------------------------------------------
>> To unsubscribe, e-mail: general-unsubscribe@incubator.apache.org
>> For additional commands, e-mail: general-help@incubator.apache.org
>> 
>> 


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Re: [IP CLEARANCE] Apache AsterixDB - JDBC Driver

Posted by "John D. Ament" <jo...@apache.org>.
Hi Till

fwiw I think the donation is fine though the AsterixDB PMC will need to do
some due diligence in verifying ownership of code before forming a release.
This is likely what Justin is trying to refer to as well.

Some background on possible issues….

Before GitHub became the popular place to do this when a donation was
received a tar ball without any history was the preferred method to receive
it. Since the donation was put on GitHub it leaves some ambiguity with the
actual history of the code. The ASF headers already applied create some
additional cautiousness here - no one can validate 100% that the code being
donated can actually be claimed by couchbase. No way to see if some code
was lifted via stack overflow or taken from a GPL library.

So here’s my +1 with the cautionary note about validating the original
source of each line of code.

John


On Tue, Sep 7, 2021 at 19:01 Till Westmann <ti...@apache.org> wrote:

> Hi Justin,
>
> On 3 Sep 2021, at 0:46, Justin Mclean wrote:
>
> >> Please help me understand why
> >> - the software grant from Couchbase and
> >> - the acceptance from the AsterixDB project
> >> are not sufficient to approve this donation.
> >
> > Because IMO the information provided doesn’t give sufficient detail
> > to determine who has contributed to the codebase, the history of
> > contributions has been hidden, the IP ownership of files can't really
> > be determined from what has been provided and previous questions by
> > the IPMC on this donation went unanswered.
>
> On our "Contributor Agreements" page [1] we say:
>
> "When an individual or corporation [in this case a corporation] decides
> to donate a body of existing software or documentation to one of the
> Apache projects, they need to execute a formal Software Grant Agreement
> (SGA) with the ASF [which has been executed and recorded]. Typically,
> they do this after negotiating approval with the ASF Incubator or one of
> the PMCs [in this case the AsterixDB PMC], since the ASF does not accept
> software unless there is a viable community available to support it as
> part of a collaborative project."
>
> The code has been developed by developers working for Couchbase and the
> IP is owned by the corporation. Couchbase has executed the SGA and has
> specified which code is contributed to the ASF under the terms of the
> SGA. As the AsterixDB PMC has voted to accept the donation it seems that
> all requirements to accept the donation are met.
>
> Wasn't the SGA design for cases like this where a corporation (and not
> an individual) contributes code to an Apache project?
>
> On your questions:
> Q: Where was this code original developed and who worked on it? There is
> only a couple of commits in that repro, so it doesn’t seem to have
> been developed there.
> A: This code was originally developed by multiple developers working for
> Couchbase. The names of current and former developers at Couchbase who
> have worked on it (and who largely do not have an ICLA on file) seem to
> be immaterial for the IP question as an SGA is recorded.
>
> Q: Why does the code have ASF headers on it before being donated? Were
> any 3rd party headers removed?
> A: The repository with the Apache license headers was created with the
> purpose of being donated to the ASF. Couchbase's copyright notices were
> removed from the source files and corresponding NOTICE files were added.
> ASF headers were added to files that did not have license headers and
> regular Apache License headers were replaced with the ASF headers.
>
> Q: Have all contributors signed ICLAs and/or do we have a SGA from
> CouchBase?
> A: A SGA has been executed and recorded. Not all contributors have
> signed an ICLA, but that also seems immaterial as the SGA is available.
>
> Regards,
> Till
>
> [1] https://www.apache.org/licenses/contributor-agreements.html#grants
>
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: general-unsubscribe@incubator.apache.org
> For additional commands, e-mail: general-help@incubator.apache.org
>
>

Re: [IP CLEARANCE] Apache AsterixDB - JDBC Driver

Posted by Till Westmann <ti...@apache.org>.
Hi Justin,

On 3 Sep 2021, at 0:46, Justin Mclean wrote:

>> Please help me understand why
>> - the software grant from Couchbase and
>> - the acceptance from the AsterixDB project
>> are not sufficient to approve this donation.
>
> Because IMO the information provided doesn’t give sufficient detail 
> to determine who has contributed to the codebase, the history of 
> contributions has been hidden, the IP ownership of files can't really 
> be determined from what has been provided and previous questions by 
> the IPMC on this donation went unanswered.

On our "Contributor Agreements" page [1] we say:

"When an individual or corporation [in this case a corporation] decides 
to donate a body of existing software or documentation to one of the 
Apache projects, they need to execute a formal Software Grant Agreement 
(SGA) with the ASF [which has been executed and recorded]. Typically, 
they do this after negotiating approval with the ASF Incubator or one of 
the PMCs [in this case the AsterixDB PMC], since the ASF does not accept 
software unless there is a viable community available to support it as 
part of a collaborative project."

The code has been developed by developers working for Couchbase and the 
IP is owned by the corporation. Couchbase has executed the SGA and has 
specified which code is contributed to the ASF under the terms of the 
SGA. As the AsterixDB PMC has voted to accept the donation it seems that 
all requirements to accept the donation are met.

Wasn't the SGA design for cases like this where a corporation (and not 
an individual) contributes code to an Apache project?

On your questions:
Q: Where was this code original developed and who worked on it? There is 
only a couple of commits in that repro, so it doesn’t seem to have 
been developed there.
A: This code was originally developed by multiple developers working for 
Couchbase. The names of current and former developers at Couchbase who 
have worked on it (and who largely do not have an ICLA on file) seem to 
be immaterial for the IP question as an SGA is recorded.

Q: Why does the code have ASF headers on it before being donated? Were 
any 3rd party headers removed?
A: The repository with the Apache license headers was created with the 
purpose of being donated to the ASF. Couchbase's copyright notices were 
removed from the source files and corresponding NOTICE files were added. 
ASF headers were added to files that did not have license headers and 
regular Apache License headers were replaced with the ASF headers.

Q: Have all contributors signed ICLAs and/or do we have a SGA from 
CouchBase?
A: A SGA has been executed and recorded. Not all contributors have 
signed an ICLA, but that also seems immaterial as the SGA is available.

Regards,
Till

[1] https://www.apache.org/licenses/contributor-agreements.html#grants

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Re: [IP CLEARANCE] Apache AsterixDB - JDBC Driver

Posted by Justin Mclean <ju...@classsoftware.com>.
Hi,

> Please help me understand why
> - the software grant from Couchbase and
> - the acceptance from the AsterixDB project
> are not sufficient to approve this donation.

Because IMO the information provided doesn’t give sufficient detail to determine who has contributed to the codebase, the history of contributions has been hidden, the IP ownership of files can't really be determined  from what has been provided and previous questions by the IPMC on this donation went unanswered.

Kind Regard,
Justin
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Re: [IP CLEARANCE] Apache AsterixDB - JDBC Driver

Posted by Till Westmann <ti...@apache.org>.
Hi Justin,

Please help me understand why
- the software grant from Couchbase and
- the acceptance from the AsterixDB project
are not sufficient to approve this donation.

Thank you for your help,
Till

On 2 Sep 2021, at 22:22, Justin Mclean wrote:

> Hi,
>
> -1 on this until my previous questions on this donation are answered 
> (included again below):
>
> Do we have a list of those developers and have they signed an ICLAs or 
> do you have a software grant from Couchbase for this code base?
>
> Checking the IP of the donated code is difficult to do if all of the 
> original headers have been replaced with ASF headers and we have no 
> history of the code base. There is no easy way to check if 3rd party 
> code has been included in there or there are any potential IP issues.
>
> Why should the IPMC approve this if all history has been removed and 
> all headers changed?
>
> Kind Regards,
> Justin
>
>
>
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Re: [IP CLEARANCE] Apache AsterixDB - JDBC Driver

Posted by Justin Mclean <ju...@classsoftware.com>.
Hi,

-1 on this until my previous questions on this donation are answered (included again below):

Do we have a list of those developers and have they signed an ICLAs or do you have a software grant from Couchbase for this code base?

Checking the IP of the donated code is difficult to do if all of the original headers have been replaced with ASF headers and we have no history of the code base. There is no easy way to check if 3rd party code has been included in there or there are any potential IP issues.

Why should the IPMC approve this if all history has been removed and all headers changed?

Kind Regards,
Justin



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