LEGAL-658

On Fri, 6 Oct 2023 at 17:43, J. D. Jordan <jeremiah.jor...@gmail.com> wrote:

> The software grant agreement covers all donated code.  The ASF does not
> need any historical agreements. The agreement giving the ASF copyright etc
> is the Software Grant Agreement. Yes, any future work done after donation
> needs to be covered by ASF CLAs.
>
> But happy to see someone ask legal@ to confirm this so we can move
> forward.
>
> On Oct 6, 2023, at 3:33 AM, Benedict <bened...@apache.org> wrote:
>
> 
> Are we certain about that? It’s unclear to me from the published guidance;
> would be nice to get legal to weigh in to confirm to make sure we aren’t
> skipping any steps, as we haven’t been involved until now so haven’t the
> visibility. At the very least it reads to me that anyone expected to be
> maintaining the software going forwards should have a CLA on file with ASF,
> but I’d have expected the ASF to also want a record of the historic CLAs.
>
> On 6 Oct 2023, at 09:28, Mick Semb Wever <m...@apache.org> wrote:
>
> 
>
>
> On Thu, 5 Oct 2023 at 17:50, Jeremiah Jordan <jeremiah.jor...@gmail.com>
> wrote:
>
>> I think this is covered by the grant agreement?
>>
>> https://www.apache.org/licenses/software-grant-template.pdf
>>
>> 2. Licensor represents that, to Licensor's knowledge, Licensor is
>> legally entitled to grant the above license. Licensor agrees to notify
>> the Foundation of any facts or circumstances of which Licensor becomes
>> aware and which makes or would make Licensor's representations in this
>> License Agreement inaccurate in any respect.
>>
>>
>>
>> On Oct 5, 2023 at 4:35:08 AM, Benedict <bened...@apache.org> wrote:
>>
>>> Surely it needs to be shared with the foundation and the PMC so we can
>>> verify? Or at least have ASF legal confirm they have received and are
>>> satisfied with the tarball? It certainly can’t be kept private to DS,
>>> AFAICT.
>>>
>>> Of course it shouldn’t be shared publicly but not sure how PMC can
>>> fulfil its verification function here without it
>>>
>>
>
> Correct, thanks JD.
>
> These are CLAs that were submitted to DS, not to ASF.
>
> It is DS's legal responsibility to ensure what they are donating they have
> the right to (i.e. have the copyright), when submitting the SGA.  It's not
> on the ASF or the PMC to verify this.  Here we're simply demonstrating that
> we (DS) have done that due diligence, and are keeping record of it.
>
>
>

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