I just re-read the OCA that all contributors to NetBeans has to sign in order 
for their contribution to be accepted. 
http://www.oracle.com/technetwork/oca-405177.pdf

It is very different from the Apache ICLA. It grants joint ownership to Oracle 
and the contributor, including licensing rights through multiple levels of 
license.

So I’d say that Oracle has the right to donate any code that they have, whether 
created by Oracle employees or by contributors who signed the OCA.

And with the assurance that Oracle will in fact sign and submit a CCLA that 
covers their interest in NetBeans code, patches, documentation, tutorials, 
graphics, specifications, and manuals (this list is from the OCA): we don’t 
need an exhaustive list of files. 

So I don’t think we need to hold up analyzing and moving over stuff from the 
repositories that are controlled by Oracle. Any contribution made between now 
and when the repository officially changes to Apache will be covered by the 
OCA. And any contribution made after the move will be covered by the Apache 
CCLA/ICLA.

It would be good to know from Oracle whether they intend to contribute 
everything they control.

Then our job is to identify things that are now in other repositories and/or 
are dynamically linked to the code that Oracle controls. 

Craig

> On Oct 10, 2016, at 2:49 PM, Raphael Bircher <rbircherapa...@gmail.com> wrote:
> 
> Hi Geertjan
> 
> 
> Am 10/10/2016 um 11:18 PM schrieb Geertjan Wielenga:
>> Hi all,
>> 
>> An overview of the sequence as far as I understand it. Consider it a basic
>> starting point for discussion.
>> 
>> Let's start by assuming we want there to be a NetBeans 9 to be released out
>> of Apache, and as a top level project, i.e., outside the incubator, in line
>> with the release of Java 9.
>> 
>> That puts us in the middle of next year somewhere.
>> 
>> The most important aspect that needs to be worked through before then is
>> the IP, license hygiene, etc. Before we get to the point where we're
>> working on that, we need to actually have one or more Mercurial repos that
>> we know we want to move. Right now, the NetBeans 9 branch is being moved
>> into trunk, once that's done we need to consider whether we should take the
>> NetBeans trunk as our starting point -- and determine other brances we'll
>> need.
>> 
>> We'll then need to work through the IP issues, i.e., work through the
>> incompatible licenses and work out solutions for those. Some features might
>> be dropped, others can be installed via plugins, either separately or
>> during installation.
>> 
>> At the point where we've worked through those licensing issues and are at a
>> stage where we either have temporary exceptions for truly problematic
>> areas, while knowing what the ultimate solutions for those will be, or we
>> have solved everything, we'll be at the point where Oracle's SGA (software
>> grant agreement) can be worked on.
>> 
>> In other words, based on the above, the SGA would be executed as one of the
>> LAST steps of the incubation period. After all, if we do uncover
>> insurmountable issues during the incubation period, in particular in
>> relation to licensing, having executed such a grant too early would lead to
>> a very difficult unwinding of the process.
> I see it differently. Oracle has to singn the SGA first. Or do you think, we 
> smell which file Oracle owns the Copyright, and which one not? ;-) Normaly we 
> get a list of files which are granted. I think, this is very important and 
> should be one of the first step. But maybe you can describe your problem a 
> bit closer.
> 
> Regards
> Raphael

Craig L Russell
Secretary, Apache Software Foundation
c...@apache.org http://db.apache.org/jdo

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