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

["Eric Barboni (Jira)" <ji...@apache.org>]

    [ https://issues.apache.org/jira/browse/LEGAL-481?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=16956951#comment-16956951 ] 

Eric Barboni edited comment on LEGAL-481 at 10/22/19 1:49 PM:
--------------------------------------------------------------

Many thanks. It make senses to me.

With help of secretary and with sga we were able to match username. That's in the end more simple.

*For the retroactive potential IP-Clearance I guess I go too fast. *
This is "payara" NetBeans ecosytem. Payara did first a fork based on a subset of Oracle NetBeans prior to donation to Apache. But the real "donation" was forked from apache/netbeans repository ( in contributor personnal github space) after subset was donated to Apache.
So at the end looks more like a huge contribution. According the fact that contributor has an iCLA, I would say it's not necessary a donation that has to be IP-cleared. 



was (Author: skygo):
Many thanks. It make senses to me.

With help of secretary and with sga we were able to match username. That's in the end more simple.

*For the retroactive potential IP-Clearance I guess I go too fast. *
This is "payara" NetBeans ecosytem. Payara did first a fork based on a subset of Oracle NetBeans prior to donation to Apache. But the real "donation" was forked from apache/netbeans repository ( in contributor personnal github space) after subset was donated to Apache.
So at the end looks more like a huge contribution. According the fact that contributor is iCLA I would say it's not necessary a donation that has to be IP-cleared. 


> 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
>            Priority: Major
>
> 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
>  
> #################
> 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 ?
> #################
> 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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