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Posted to legal-discuss@apache.org by "Eric Barboni (Jira)" <ji...@apache.org> on 2019/10/04 12:39:00 UTC

[jira] [Created] (LEGAL-481) IP-CLEARANCE clarification and generic question

Eric Barboni created LEGAL-481:
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             Summary: IP-CLEARANCE clarification and generic question
                 Key: LEGAL-481
                 URL: https://issues.apache.org/jira/browse/LEGAL-481
             Project: Legal Discuss
          Issue Type: Question
            Reporter: Eric Barboni


Hi Legal,

IANAL so I may not use correct words.

I have some question on IP Clearance. We may have issue because we accepted some code with no IP clearance.

Exceptional workflow:

It's also possible to recieve code from people stealing others and relicensing with no more history and propose donation. (very not nice guy)

1) How to be sure of true provenance of a code ? is tooling available for that ?

 

Work common workflow

People being Apache commiter,PMC, may provide source, but they develop on their company repository with licence header linked to their company.

We accept this source because we see not real issue. But as company is in the header should have done software grant to be OK.

2) Is it possible to ask donator for software grant retroactivly and do IP clearance  process retroactilvy ? What if not, code must be removed, release should be removed ?

 

3) How to check in a formal legal compatible way, that "nickname1" and "nickname2" is the same person? 

4) How to check that a company is a real legal company versus just a name that we never will get response from? What to do if no response at all

 

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Concrete case 1:

Code of payara /ecosytem-netbeans was merged after relicensing.

Previous header exemple :[https://github.com/payara/ecosystem-netbeans-plugin/blob/master/payara.micro/src/org/netbeans/modules/fish/payara/micro/Constants.java]

 

We should have it IP cleared, with software grant from payara.

author is Gaurav Gupta <ga...@payara.fish>, as jgauravgupta commit that I understand that it's the same person. How to be legaly sure ?


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Concrete case 2:

We start donation for dukescript-presenters.

dukescript githubname is in fact also monacotoni at apache but how to make it formal.

 

Thanks be advance. If I'm not clear I'm also on asf slack where I can reformulate and later edit here. PM me.

Best Regards

Eric skygo



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