> On Jun 14, 2021, at 14:24, John D. Ament <johndam...@apache.org> wrote:
> 
> Hi
> 
>> On Mon, Jun 14, 2021 at 8:16 AM Antoine Toulme <anto...@toulme.name> wrote:
>> 
>> 
>> 
>>>> On Jun 14, 2021, at 14:10, John D. Ament <johndam...@apache.org> wrote:
>>> 
>>> Hi
>>> 
>>>> On Mon, Jun 14, 2021 at 6:41 AM Antoine Toulme <anto...@toulme.name>
>> wrote:
>>>> OK clearly I don’t get it. This code has been there since day 1 of the
>>>> project in our repo and in good standing.
>>>> Because someone on the Internet copied the defunct project prior to
>>>> donation in no way warrants this release to receive a -1, 3 years after
>> the
>>>> donation and multiple releases out!
>>> 
>>> This is where we ask for patience from all.
>>> Things may be missed in
>>> releases.  We assume on good faith that the code being donated can be
>>> donated.  When we find something that shouldn't have actual been donated
>> it
>>> needs to be called out.  At the same time, we may miss some things.  In
>>> this case, I'm guessing Justin is just being cautious that there could be
>>> other things included that shouldn't have been included and needs a more
>>> coarse review.
>>> 
>>> FWI, the mikuli package is Apache licensed in its origin, so it doesn't
>>> actually violate any of our rules.  Listing them in NOTICE is optional
>> but
>>> considered a best practice, since they have no NOTICE themselves.  You
>>> should remove the Apache header since it shouldn't have been donated to
>> us
>>> (unless they have signed an SGA since).
>> 
>> Again, no. This code was part of the donation to the ASF. Someone took the
>> defunct code of the original project and copied it to a different project.
>> 
> 
> This is where the disconnect is.  The grant assumes that the grantor is the
> original author of the code/work.  If the grantor is not, the SGA/ICLA (or
> whatever was used to donate Tuweni) is not valid for those files.

You can see in this commit the original addition to the cava repository of the 
mikuli classes:

https://github.com/ConsenSysMesh/cava/commit/8a7a46a861661f12bb1e1ddb12e54923edd8851a#diff-50710aef87eab647c7b523f0d00ef3ce3beb0863e4dd9254a1185829e6bfea53

This was part of the code donated to Apache.

All code was worked on under Consensys copyright and owned by ConsenSys- both 
cava and mikuli.
> 
> 
>>> 
>>> For the sodium package, I can't tell if it's self built by Tuweni or
>>> something imported from elsewhere as well.  Most of what I see from
>>> sodium-friends is MIT licensed, so it would not be correct to relicense
>> it
>>> under Apache license if it was in fact imported from there (I can't find
>> it
>>> in there though).
>> 
>> This is definitely our code. Git blame if you like.
>> 
> 
> Perfect, thank you.
> 
> 
>>> 
>>> John
>>> 
>>> 
>>>>> On Jun 14, 2021, at 12:30 PM, Justin Mclean <jus...@classsoftware.com>
>>>> wrote:
>>>>> Hi,
>>>>>> That’s not the right solution. They copied code from the original
>>>> project to a separate project before it was donated to the ASF. This has
>>>> nothing to do with Tuweni.
>>>>> I'st one solution. Tuweni can, I’m sure come up with other possible
>> ways
>>>> of dealing with this. IMO It is an issue for the project as Tuweni has
>>>> (though no fault of it own) ended up with 3rd party code incorrectly
>>>> labeled with ASF headers.
>>>>>> If anything, that project might need to set itself to compliance.
>>>>> Sure, and you might what to pass the information on to them, but that
>> is
>>>> a seperate issue to Tuweni's compliance of ASF policy around IP
>> clearance
>>>> and licensing.
>>>>>> We use the .h file and a script to generate a first pass, and then we
>>>> do heavy editing. It’s our code alright.
>>>>> That may not make it your code, I suggest you ask on legal discuss.
>>>>> Kind Regards,
>>>>> Justin
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