On Tue, Oct 11, 2016 at 10:04 AM, Bertrand Delacratez wrote:

The ASF needs the brand to be donated so that we can release code
> under the NetBeans name


Is the brand donation part of the software grant? If not, how is the brand
donated, and if there is a document for that, can it be provided, as well
as any other documents needing to be signed in addition to the software
grant?

Thanks,

Gj


On Tue, Oct 11, 2016 at 10:10 AM, Geertjan Wielenga <
geertjan.wiele...@googlemail.com> wrote:

> On Tue, Oct 11, 2016 at 10:04 AM, Bertrand Delacretaz wrote:
>
>
>> 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.
>
>
> OK good. Did not realize that.
>
> I thought we could import the code to an Apache repository, and do our
> legal analysis etc, without a software garnt. But I am wrong, based on the
> above.
>
> A question -- what kinds of things can be done until we have the software
> grant?
>
> Also, if we were to have a draft software grant ready, how would we
> process that, i.e., how would Oracle get feedback from Apache that the
> software grant is good and meets requirements, i.e., things are filled in
> correctly, etc?
>
> Thanks,
>
> Gj
>
>
> On Tue, Oct 11, 2016 at 10:04 AM, Bertrand Delacretaz <
> bdelacre...@apache.org> wrote:
>
>> 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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