On Jan 21, 2013, at 6:49 PM, Rob Weir wrote:

> On Mon, Jan 21, 2013 at 9:40 PM, Rob Weir <robw...@apache.org> wrote:
>> On Mon, Jan 21, 2013 at 9:18 PM, Dave Fisher <dave2w...@comcast.net> wrote:
>>> 
>>> On Jan 21, 2013, at 5:48 PM, Rob Weir wrote:
>>> 
>>>> On Mon, Jan 21, 2013 at 8:36 PM, Rob Weir <robw...@apache.org> wrote:
>>>>> On Mon, Jan 21, 2013 at 8:10 PM, Dave Fisher <dave2w...@comcast.net> 
>>>>> wrote:
>>>>>> 
>>>>>> On Jan 21, 2013, at 10:59 AM, Rob Weir wrote:
>>>>>> 
>>>>>>> Since this has come up recently, I'd like to point you all to a recent
>>>>>>> thread on the legal-discuss list:
>>>>>>> 
>>>>>>> http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201301.mbox/browser
>>>>>>> 
>>>>>>> If you are not familiar with the SGA form, you can see it here:
>>>>>>> 
>>>>>>> http://www.apache.org/licenses/cla-corporate.txt
>>>>>>> 
>>>>>>> As you can see, it is a combined Corporate CLA and Software Grant
>>>>>>> Agreement.  Notice it does not speak of the Apache License, but it
>>>>>>> does offer its own copyright and patent license.
>>>>>>> 
>>>>>>> The license portion in question was this:
>>>>>>> 
>>>>>>> "Grant of Copyright License. Subject to the terms and conditions
>>>>>>>    of this Agreement, You hereby grant to the Foundation and to
>>>>>>>    recipients of software distributed by the Foundation a perpetual,
>>>>>>>    worldwide, non-exclusive, no-charge, royalty-free, irrevocable
>>>>>>>    copyright license to reproduce, prepare derivative works of,
>>>>>>>    publicly display, publicly perform, sublicense, and distribute
>>>>>>>    Your Contributions and such derivative works."
>>>>>>> 
>>>>>>> The question was:  What does "software distributed by the Foundation"
>>>>>>> mean?  Does that mean only releases?  Code in SVN?  What exactly?
>>>>>>> 
>>>>>>> As you can read in the archives, the response was that stuff in SVN is
>>>>>>> considered "distributed by the Foundation", so the license of the SGA
>>>>>>> applies to contributions made under SGA and checked into Subversion.
>>>>>>> 
>>>>>>> But note also Roy's later clarifying response:
>>>>>>> 
>>>>>>> "The dev subversion repo is not a means of distributing to the
>>>>>>> "general public".  It distributes to our self-selected development
>>>>>>> teams that are expected to be aware of the state of the code being
>>>>>>> distributed.
>>>>>>> 
>>>>>>> When we distribute to the "general public", it is called a release."
>>>>>>> 
>>>>>>> http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201301.mbox/browser
>>>>>>> 
>>>>>>> That was the basis for the DISCLAIMER I put in the root of our
>>>>>>> Subversion a couple of days ago:
>>>>>>> 
>>>>>>> https://svn.apache.org/repos/asf/openoffice/DISCLAIMER
>>>>>>> 
>>>>>>> I don't think this is anything new.  We already know that code that
>>>>>>> we're releasing requires careful review and verification of file
>>>>>>> headers, LICENSE and NOTICE files, etc.  That is part of what it means
>>>>>>> to publish a release at Apache.  But we have other stuff in Subversion
>>>>>>> that we do not intend to include in a release, and for which we do not
>>>>>>> make this effort.  For example, /devtools, /ooo-site and /symphony.
>>>>>> 
>>>>>> Agreed this follows the policy here: 
>>>>>> http://www.apache.org/legal/src-headers.html
>>>>>> 
>>>>>> One subtle point here is the following:
>>>>>> 
>>>>>> "If the source file is submitted with a copyright notice included in it, 
>>>>>> the copyright owner (or owner's agent) must either:
>>>>>>       • remove such notices, or
>>>>>>       • move them to the NOTICE file associated with each applicable 
>>>>>> project release, or
>>>>>>       • provide written permission for the ASF to make such removal or 
>>>>>> relocation of the notices."
>>>>>> 
>>>>>> The SGA does not give those rights.
>>>>>> 
>>> 
>>> Until we address this subtle distinction we have two classes of committer 
>>> on this project. IBMers and others. This distinction needs to be eliminated 
>>> / minimized.
>>> 
>>>>> 
>>>>> And perhaps a more subtle point (you seemed to miss it, for example)
>>>>> is the section that says:
>>>>> 
>>>>> "When must Apache projects comply with this policy?
>>>>> 
>>>>> All releases created and distributed after November 1, 2006 must
>>>>> comply with this policy."
>>>>> 
>>>>> The source in the /symphony directory is not planned to be included in
>>>>> any release, so I don't see this policy as applicable.
>>> 
>>> I did not miss that at all. You are correct that it is not required by the 
>>> ASF. But because something is not required does not mean it should not be 
>>> done.
>>> 
>>>>> 
>>>>>> If IBM will or has granted the ASF these specific rights then anyone 
>>>>>> from the project can make these changes as they move the files. But 
>>>>>> unless this is so it is only safe for an IBM employee listed on a CCLA 
>>>>>> to do it. That is the hang up as non-IBM project committers may be 
>>>>>> constrained from doing this until this matter is cleared up.
>>>>>> 
>>>>> 
>>>>> That is a hypothetical issue, since no developers have stepped forward
>>>>> to volunteer merging these files into the AOO 4.0 trunk.
>>>>> 
>>>> 
>>>> And just in the spirit of brainstorming, if a project member is able
>>>> to confirm that the SGA terms are sufficient for them to work with the
>>>> code (and I think any reasonable reading would show that they are)
>>>> then they can go ahead and help merge it and ignore the header cleanup
>>>> question.
>>> 
>>> Let's do this. Should any project contributor wish to work on a portion of 
>>> this code someone from IBM will handle these two tasks:
>>> 
> 
> Heck, I'll do one better.  I volunteer to run a RAT scan on the trunk
> every two weeks and remove any IBM headers that are found there.  So
> we'll never be more then two weeks behind.
> 
> If you recall, the project worked on the trunk for AOO 3.4.0 for
> nearly 6 months before all of the headers were cleaned up, and I don't
> recall hearing you complain that this was an unacceptable risk.  We
> trusted Oracle, via Andrew, to do the right thing.  So I'll do better
> than that by a factor of 6*4/2 = 12.  So 12x faster header cleanups
> than occurred with AOO 3.4.
> 
> Does that satisfy your concern?

Yes, I think that allows for any committer to scratch an itch. Please publish a 
note on dev since it might spark the interest of other devs

Will you practice your rat fu on the Symphony branch? (maybe you have already?)

Best Regards,
Dave



> 
> -Rob
> 
>>> (1) Add the Apache License 2.0 Header.
>>> 
>>> (2) Move the IBM (and other) Copyrights to NOTICE.
>>> 
>>> I'm not saying the whole tree, but on request for a reasonable number of 
>>> files.
>>> 
>>>> 
>>>> But before we release AOO 4.0 we'll of course run a RAT scan and that
>>>> will identify any issue.  And so no one need worry about this further,
>>>> I volunteer to fix any header inconsistencies that show up there
>>>> before we release.
>>>> 
>>>> OK?
>>> 
>>> It may not be OK for some. It is a risk, better to do the changes before or 
>>> as the code goes into trunk or a release branch.
>>> 
>> 
>> Dave, I'm not asking you to speak for the universe, only for yourself.
>> Do you want to help merge the Symphony code?  Do you believe that you
>> have insufficient rights to do this?  Do you deny that my volunteering
>> to update the headers in any release completely addresses the policy
>> issue that you raised?
>> 
>> Any other committer is free to speak for themselves on these
>> questions.  There is not need for you to guess what they may or may
>> not think.
>> 
>> -Rob
>> 
>>> A supplemental note from IBM to the ASF secretary saying that there is no 
>>> objection to any Apache OpenOffice committer removing an IBM copyright in 
>>> the Symphony codebase to the NOTICE. With that in hand then we can all be 
>>> free to do the correct work with this wonderful codebase and contributions 
>>> from two of the most successful software corporations!
>>> 
>>> Regards,
>>> Dave
>>> 
>>> 
>>>> 
>>>> -Rob
>>>> 
>>>>> -Rob
>>>>> 
>>>>>> Regards,
>>>>>> Dave
>>>>>> 
>>>>>> 
>>>>>> 
>>> 

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