Thank you, Leonard. 

Hi, Markus & Tianqi, 

It will be very helpful that you can summarize the issues.  I would be happy to 
coordinate from NVIDIA teams to see if we can address them appropriately. 

Thanks, 

-Triston 

-----Original Message-----
From: Lausen, Leonard <lau...@amazon.com> 
Sent: Monday, May 11, 2020 10:44 AM
To: dev@mxnet.incubator.apache.org
Cc: ptre...@apache.org; Triston Cao <trist...@nvidia.com>
Subject: Re: Severe legal issues with releases on repository.apache.org

External email: Use caution opening links or attachments


On Sun, May 10, 2020 at 8:06 AM Markus Weimer <wei...@apache.org> wrote:
> On Sat, May 9, 2020 at 10:50 PM Tianqi Chen <tqc...@cs.washington.edu> wrote:
> >
> > Seems the conclusion so far is only release source through apache 
> > and release the binary builds as third party(as a different 
> > community, a company or individual)
>
> Yes, that is the precedent established in multiple projects. I think 
> it might still be worthwhile to pursue an exception from nvidia, 
> though. Do we have any nvidia employees on the list that can inquire 
> about that?

Triston helped to establish contact with the Nvidia Legal team and we're 
currently waiting for a response on their interpretation of the EULA as well as 
the possibility of an exception. It would be great to have an "internal lobby"
for granting an GCC Runtime Library Exception style exception for nvcc in 
general, or at least ASF in particular.

On Sun, 2020-05-10 at 08:52 -0700, Tianqi Chen wrote:
> I agree, In the meanwhile. @Leonard I think we should ask 
> trademark@apache whether they would approve the use of
>
> repo names: mxnet-cu80 mxnet-cu10 etc, given that
> - they are distributed by individual contributors(as individuals and 
> not as ASF PPMC members),
> - marked as thirdparty binary
> - Build from the original ASF source with no modifications, while with 
> an "optional build config" that enables CUDA acceleration support, 
> which abides the rules in 
> https://www.apache.org/foundation/marks/downstream.html

Currently https://issues.apache.org/jira/browse/LEGAL-515 asks similar 
questions to the Legal Team, but there is no conclusion yet. One open question 
in LEGAL-
515 is if the CD system managed in the project's source code at 
https://github.com/apache/incubator-mxnet/tree/master/cd can be seen as 
releasing third-party binaries given that it doesn't run on Apache 
infrastructure. In the "worst case" the CD in the ASF repo must be restricted 
to build ASF-compliant binaries and third-parties need to manage their own CD 
outside the Apache repo.

Once we have clarity on that, let's continue clarifying with the trademarks@ 
team.

Best regards
Leonard

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