Hi,

> On May 5th 2020 I have opened LEGAL-515 and asked (among other
> questions) how the MXNet PPMC can correctly reference third-party
> distributions on the website. Unfortunately that question was not answered.

It looks answered to me. Your question “Finally, I believe the MXNet project 
website would need to be updated to clarify that such binaries are provided by 
third parties and not associated with the ASF. Is that correct?” was answered 
as “correct" on the 5th May. 

> In response I have asked you, if it wouldn't be possible to first decide
> how to properly disclaim links to third-parties on the website, 

It quite straight forward put a big disclaimer there saying these are not 
Apache releases. This as it has been discussed before here and examples easily 
found. e.g [1] 

>> WARNING: The following binary release is not provided by the Apache
>> Software Foundation and third-party members of the MXNet community.
>> They may contain closed-source components with restrictive licenses.
>> You may want to download the official Apache MXNet (incubating) source
>> release instead and build from source instead.

Why say “may" when you know it to be incompatible with the Apache license? Be 
clear about the situation, your users deserve that.

But something like this would be a good start. Making the source download more 
prominent would be another. Addressing any naming and trademark issues (also 
needed) can come later.

> And in either case, if the Incubator prefers the route of updating the
> website multiple times

It's not hard to update the text on a website (or shouldn’t be). The incubator 
would prefer that the podlings follow ASF policy and when something serious is 
pointed out correct it in a reasonable amount of time. Yes some things may take 
time to discuss but you can still act in the meantime. In this case the right 
course of action should have been to clearly inform your users of the issue(s) 
while you were working out what to do. Adding a disclaimer is a good first step 
and could have been done before now.

> But given your response, I now believe you may be referring to git tags
> that were made prior to MXNet joining the incubator on 2017-01-23 / on
> which no vote by the PPMC took place?

Correct. Be sure to clearly label these are not ASF releases. Also be clear to 
clearly label any release that is not compatible with the Apache license.

Basically a user should not be surprised to find out what they have been using 
is not an Apache release or is not compatible with the Apache license.

Thanks,
Justin

1. https://nuttx.apache.org/download/
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