On Tue, Oct 11, 2016 at 9:10 AM, Geertjan Wielenga
<geertjan.wiele...@googlemail.com> wrote:
> ...It's in the process of being signed right now,...

Great! The software grant is indeed required before committing or
importing any code to an Apache repository, as whoever commits or
imports does so under their iCLA [1].

That iCLA says "You represent that you are legally entitled to grant
the above license" and I don't think any of us can represent that
without a software grant from the current owner of the code.

So IMO the sooner the grant can be filed the better.

> ...once the grant has been signed and handed over to Apache, what happens if 
> for some reason the
> process fails, must Apache then sign a document to grant the code back to 
> Oracle?...

I don't think so, the Apache License allows anyone to fork our code
elsewhere, so NetBeans code could be forked back to Oracle if needed.

I'm not a lawyer though, if your legal folks need a clearer statement
we can connect them with the ASF's legal team.

What might be problematic if incubation fails is the NetBeans brand.
The ASF needs the brand to be donated so that we can release code
under the NetBeans name, and if incubation fails I suppose Oracle
would want the brand back. I suppose that can be arranged in a
donation/transfer statement if needed, here again we might connect
both legal teams if needed.

As others have said the probability of incubation failing is certainly
low, but I understand if Oracle wants to be prepared for that
eventuality.

-Bertrand

[1] https://www.apache.org/licenses/icla.txt

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