We have a reply from Justin Mclean from ASF, but into a different thread [1], I am CCing Justing and pasting his response into this vote thread [2] too :-)
""" Hi, A few points in this thread about ASF policy need correcting. A software grant (SGA) is a licence, not a transfer of ownership. Espressif would keep the copyright and could keep using and licensing the HAL however it likes. The ASF does not become the sole owner. From https://www.apache.org/licenses/: “In all cases, contributors retain full rights to use their original contributions for any other purpose outside of Apache while providing the ASF and its projects the right to distribute and build upon their work within Apache.” Espressif’s CCLA is not enough on its own. It covers contributions from its listed employees, not an existing code base developed outside the ASF. Bringing esp-hal-3rdparty into an ASF repository needs a software grant from Espressif and IP clearance, see https://incubator.apache.org/ip-clearance/. The PMC does the paperwork and the Incubator approves it by lazy consensus. The PMC also needs to check the licences of any third-party code inside the HAL. github.com/NuttX is not controlled by the ASF, so it is not “under our control”. Code the project maintains must be housed in ASF repositories, see https://infra.apache.org/project-repo-policy.html. That rules out NuttX committers maintaining vendor HALs there. Thanks, Justin """ [1] https://www.mail-archive.com/[email protected]/msg15369.html [2] https://www.mail-archive.com/[email protected]/msg15207.html -- CeDeROM, SQ7MHZ, http://www.tomek.cedro.info On Thu, Oct 8, 2026 at 6:55 PM Tomek CEDRO <[email protected]> wrote: > > Alright to close this thread with a good results I propose now to consult > legal@apache just to make sure this step is possible from the ASF > perspective, because it is possible and desired from Espressif and NuttX > perspective :-) > > Thank you everyone participating in the vote and discussion :-) > > -- > CeDeROM, SQ7MHZ, http://www.tomek.cedro.info > > On Thu, Oct 8, 2026, 16:08 Tiago Medicci Serrano <[email protected]> > wrote: >> >> Hi >> >> Regarding Wi-Fi/ble blobs: >> >> They aren't part of `esp-hal-3rdparty`. They are distributed as a submodule >> (which, in turn, makes it behave like external code). The same for Zephyr: >> we just refer to them on the HAL. >> >> Best regards, >> >> >> Em qui., 8 de out. de 2026 às 09:40, Tomek CEDRO <[email protected]> >> escreveu: >> >> > agree with Nathan, removing seems / feels harmful, lets focus on hal :-P >> > >> > -- >> > CeDeROM, SQ7MHZ, http://www.tomek.cedro.info >> > >> > On Thu, Oct 8, 2026, 03:22 Nathan Hartman <[email protected]> >> > wrote: >> > >> > > In my humble opinion, removing PMC / committers would be damaging to the >> > > project. I'm active in other Apache projects and it's pretty common for >> > > people to become inactive for a while and then get involved again at a >> > > later time. Removing people from the project could send a message that >> > > "you're not welcome here anymore." >> > > >> > > Anyway this is a different subject than the HAL question, which is a >> > > complex issue in itself. >> > > >> > > Kind regards, >> > > Nathan >> > > >> > > On Wed, Oct 7, 2026 at 7:28 PM Gregory Nutt <[email protected]> wrote: >> > > >> > > > There are quite a few updated ASF documents on this: >> > > > >> > > > About Emeritus members: >> > > https://www.apache.org/forms/emeritus-request.pdf >> > > > >> > > > According to this, the PMC can convert a any member who has not been >> > > > active for six months to Emeritus: Committer is considered emeritus by >> > > > their own declaration or by not contributing in any form to the project >> > > for >> > > > over six months. An emeritus Committer may request reinstatement of >> > > commit >> > > > access from the PMC. Such reinstatement is subject to lazy consensus >> > > > approval of active PMC members. >> > > > https://storm.apache.org/contribute/BYLAWS.html >> > > > >> > > > If and Emeritus member choses to become active again, that can happen >> > > with >> > > > a very streamlined process. >> > > > >> > > > It appears that you cannot completely remove a member other than >> > > > requesting and justifying the removal through the board. >> > > > >> > > > >> > > > ________________________________ >> > > > From: Gregory Nutt <[email protected]> >> > > > Sent: Wednesday, October 7, 2026 3:23 PM >> > > > To: [email protected] <[email protected]> >> > > > Subject: Re: [VOTE] Hosting Espressif HAL under Apache umbrella >> > > > >> > > > >> > > > >> > > > >> > > > >> > > > We can propose removing committers and PMCs who are not involved in the >> > > > project (ASF allows this; we need to notify them). >> > > > >> > > > Are you sure of this. I recall being told that once a committer, you >> > are >> > > > a committer for life. I do find this: >> > > > >> > > > Note it is possible to remove a committer's access to repositories in >> > an >> > > > urgent situation, such as their account being taken over by a hacker. >> > > > However, the PMC chair should not take this action for situations such >> > > as a >> > > > committer's extended inactivity. In 2026, the ASF Security team is >> > > working >> > > > on proposals that may clarify the conditions under which a committer's >> > > > rights to commit code can be suspended or removed. >> > > > >> > > > My case is different.. I am officially emeritus. Emeritus members are >> > > > required to be listed on the project page, but did not follow that. >> > See >> > > > https://infra.apache.org/committers.html and >> > > > https://www.apache.org/foundation/members >> > > > >> > > > Emeritus members can re-instate themselves immediately without a vote >> > if >> > > > the wish to become full members again. Note: A person must ask to be >> > > made >> > > > emeritus. I don't think that the PMC has authority to modify anyone's >> > > > membership. >> > > > >> > > > >> > > >> >
