Re: Software Grants for GitHub Projects...

2015-02-02 Thread Hadrian Zbarcea
Matt, you're saying the same thing, except it's not one individual but 
two [1] (spmallette + okram) , who own the vast majority of the IP. They 
also claim to be in the possession of CLAs from the other contributors.


The problem was not insufficient data to substantiate claims, but TMI. 
Secretary@ pushed back for that clear reason, the proposal for 
resubmission addressed that. If secretary@ will have additional concerns 
(including forwarding to legal@), we'll address them as they come.


Hadrian

[1] https://github.com/tinkerpop/tinkerpop3/graphs/contributors


On 02/02/2015 09:53 AM, Matt Franklin wrote:

On Mon Feb 02 2015 at 8:09:43 AM Hadrian Zbarcea hzbar...@gmail.com wrote:


On 02/01/2015 03:19 PM, Benson Margulies wrote:

On Sun, Feb 1, 2015 at 2:12 PM, John D. Ament johndam...@apache.org

wrote:

On Sun Feb 01 2015 at 1:05:10 AM Alex Harui aha...@adobe.com wrote:


On 1/31/15, 9:09 AM, Benson Margulies bimargul...@gmail.com wrote:


On Sat, Jan 31, 2015 at 11:32 AM, Matt Franklin
m.ben.frank...@gmail.com wrote:

On Sat Jan 31 2015 at 11:22:15 AM Benson Margulies
bimargul...@gmail.com
wrote:


On Sat, Jan 31, 2015 at 10:55 AM, James Carman
ja...@carmanconsulting.com wrote:

Are there guidelines for these usual considerations?

For all the small stuff, the safe path is to get an ICLA from each
committer, and an email message positively stating an intent to

donate

the code.

Yes, this is the safest approach; but, may not be necessary for

changes

that do not represent significant IP.  For instance, our projects

accept

minor contributions through JIRA, without an ICLA.

There's a critical distinction here. Once you have released a product
under the Apache license, people can contribute new things to it under
the terms of the license. The license has very specific language: if
you take code from us, and then send us a contribution (email, JIRA,
github PR, carrier pigeon) that is a derivative of what you took, you
are granting the code to the Foundation.

That doesn't help with the initial import of a project from github or
bitbucket or Jupiter or Mars; none of those contributions met the
criteria in the license of sending a contribution back to the
Foundation, because the code wasn't here in the first place.

Just curious, what if the code was under AL but not at Apache?


The license is pretty clear about this:

*5. Submission of Contributions*. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work by

You

to the Licensor shall be under the terms and conditions of this License,
without any additional terms or conditions. Notwithstanding the above,
nothing herein shall supersede or modify the terms of any separate

license

agreement you may have executed with Licensor regarding such

Contributions.

So basically, anything you contribute back is assumed to be under the
Apache license, unless you (the author) say otherwise or there's some

other

license in play (The apache license doesn't supersede other licenses).

Of

course you should consult with legal counsel before making any
contributions though.  I think to Benson's point, The ASF requires that

any

incoming code was put in under that license agreement or there's a SGA
stating the prior license can be converted.

Note the phrase, intentionally submitted for inclusion in the Work by
You _to the Licensor_. Who is the licensor for a body of work not at
Apache? The process has to start with a clear ownership of copyright
-- the licensor. The purpose of the SGA, I think, is to get a clear
answer to that question. You might be able to argue that a particular
github repo is made up of an initial work with a single owner, and
then contributions to it under the terms of the AL. In which case,
you'd just need an SGA from that original single owner. IANAL.



My understanding is that the Licensor is whomever claims to be 'it'. As
long ans the claimant produces documentation to substantiate the claim
that we can accept, we should be good. I don't see a need/requirement
for the Licensor to necessarily be a legal organization. That is if it's
not one single owner but a small group of contributors/owners, that
should be ok too.


My understanding is that the licensor must be able to own the copyright,
thus a legal entity (company or individual).

IMO, we should either take the acceptance of Tinkerpop as a Licensor to
legal@ or we just ask anyone who has contributed signifiant IP to sign an
ICLA with new copyright assignment.



IANAL, $0.02,
Hadrian





-
To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
For additional commands, e-mail: general-h...@incubator.apache.org





-
To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
For additional commands, e-mail: general-h...@incubator.apache.org



Re: Software Grants for GitHub Projects...

2015-02-02 Thread Benson Margulies
On Mon, Feb 2, 2015 at 4:19 PM, Hadrian Zbarcea hzbar...@gmail.com wrote:
 Matt, you're saying the same thing, except it's not one individual but two
 [1] (spmallette + okram) , who own the vast majority of the IP. They also
 claim to be in the possession of CLAs from the other contributors.

 The problem was not insufficient data to substantiate claims, but TMI.
 Secretary@ pushed back for that clear reason, the proposal for resubmission
 addressed that. If secretary@ will have additional concerns (including
 forwarding to legal@), we'll address them as they come.

Well, the situation you describe here is about 180 degrees removed
from the hypothetical that started this thread. So just about nothing
written on this thread is relevant. If two people can make in
conscience fill out an SGA, that's that.


 Hadrian

 [1] https://github.com/tinkerpop/tinkerpop3/graphs/contributors



 On 02/02/2015 09:53 AM, Matt Franklin wrote:

 On Mon Feb 02 2015 at 8:09:43 AM Hadrian Zbarcea hzbar...@gmail.com
 wrote:

 On 02/01/2015 03:19 PM, Benson Margulies wrote:

 On Sun, Feb 1, 2015 at 2:12 PM, John D. Ament johndam...@apache.org

 wrote:

 On Sun Feb 01 2015 at 1:05:10 AM Alex Harui aha...@adobe.com wrote:

 On 1/31/15, 9:09 AM, Benson Margulies bimargul...@gmail.com wrote:

 On Sat, Jan 31, 2015 at 11:32 AM, Matt Franklin
 m.ben.frank...@gmail.com wrote:

 On Sat Jan 31 2015 at 11:22:15 AM Benson Margulies
 bimargul...@gmail.com
 wrote:

 On Sat, Jan 31, 2015 at 10:55 AM, James Carman
 ja...@carmanconsulting.com wrote:

 Are there guidelines for these usual considerations?

 For all the small stuff, the safe path is to get an ICLA from each
 committer, and an email message positively stating an intent to

 donate

 the code.

 Yes, this is the safest approach; but, may not be necessary for

 changes

 that do not represent significant IP.  For instance, our projects

 accept

 minor contributions through JIRA, without an ICLA.

 There's a critical distinction here. Once you have released a product
 under the Apache license, people can contribute new things to it
 under
 the terms of the license. The license has very specific language: if
 you take code from us, and then send us a contribution (email, JIRA,
 github PR, carrier pigeon) that is a derivative of what you took, you
 are granting the code to the Foundation.

 That doesn't help with the initial import of a project from github or
 bitbucket or Jupiter or Mars; none of those contributions met the
 criteria in the license of sending a contribution back to the
 Foundation, because the code wasn't here in the first place.

 Just curious, what if the code was under AL but not at Apache?

 The license is pretty clear about this:

 *5. Submission of Contributions*. Unless You explicitly state
 otherwise,
 any Contribution intentionally submitted for inclusion in the Work by

 You

 to the Licensor shall be under the terms and conditions of this
 License,
 without any additional terms or conditions. Notwithstanding the above,
 nothing herein shall supersede or modify the terms of any separate

 license

 agreement you may have executed with Licensor regarding such

 Contributions.

 So basically, anything you contribute back is assumed to be under the
 Apache license, unless you (the author) say otherwise or there's some

 other

 license in play (The apache license doesn't supersede other licenses).

 Of

 course you should consult with legal counsel before making any
 contributions though.  I think to Benson's point, The ASF requires that

 any

 incoming code was put in under that license agreement or there's a SGA
 stating the prior license can be converted.

 Note the phrase, intentionally submitted for inclusion in the Work by
 You _to the Licensor_. Who is the licensor for a body of work not at
 Apache? The process has to start with a clear ownership of copyright
 -- the licensor. The purpose of the SGA, I think, is to get a clear
 answer to that question. You might be able to argue that a particular
 github repo is made up of an initial work with a single owner, and
 then contributions to it under the terms of the AL. In which case,
 you'd just need an SGA from that original single owner. IANAL.


 My understanding is that the Licensor is whomever claims to be 'it'. As
 long ans the claimant produces documentation to substantiate the claim
 that we can accept, we should be good. I don't see a need/requirement
 for the Licensor to necessarily be a legal organization. That is if it's
 not one single owner but a small group of contributors/owners, that
 should be ok too.

 My understanding is that the licensor must be able to own the copyright,
 thus a legal entity (company or individual).

 IMO, we should either take the acceptance of Tinkerpop as a Licensor to
 legal@ or we just ask anyone who has contributed signifiant IP to sign an
 ICLA with new copyright assignment.


 IANAL, $0.02,
 Hadrian





 

Re: Software Grants for GitHub Projects...

2015-02-02 Thread Hadrian Zbarcea


On 02/01/2015 03:19 PM, Benson Margulies wrote:

On Sun, Feb 1, 2015 at 2:12 PM, John D. Ament johndam...@apache.org wrote:

On Sun Feb 01 2015 at 1:05:10 AM Alex Harui aha...@adobe.com wrote:



On 1/31/15, 9:09 AM, Benson Margulies bimargul...@gmail.com wrote:


On Sat, Jan 31, 2015 at 11:32 AM, Matt Franklin
m.ben.frank...@gmail.com wrote:

On Sat Jan 31 2015 at 11:22:15 AM Benson Margulies
bimargul...@gmail.com
wrote:


On Sat, Jan 31, 2015 at 10:55 AM, James Carman
ja...@carmanconsulting.com wrote:

Are there guidelines for these usual considerations?

For all the small stuff, the safe path is to get an ICLA from each
committer, and an email message positively stating an intent to donate
the code.


Yes, this is the safest approach; but, may not be necessary for changes
that do not represent significant IP.  For instance, our projects accept
minor contributions through JIRA, without an ICLA.

There's a critical distinction here. Once you have released a product
under the Apache license, people can contribute new things to it under
the terms of the license. The license has very specific language: if
you take code from us, and then send us a contribution (email, JIRA,
github PR, carrier pigeon) that is a derivative of what you took, you
are granting the code to the Foundation.

That doesn't help with the initial import of a project from github or
bitbucket or Jupiter or Mars; none of those contributions met the
criteria in the license of sending a contribution back to the
Foundation, because the code wasn't here in the first place.

Just curious, what if the code was under AL but not at Apache?


The license is pretty clear about this:

*5. Submission of Contributions*. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work by You
to the Licensor shall be under the terms and conditions of this License,
without any additional terms or conditions. Notwithstanding the above,
nothing herein shall supersede or modify the terms of any separate license
agreement you may have executed with Licensor regarding such Contributions.

So basically, anything you contribute back is assumed to be under the
Apache license, unless you (the author) say otherwise or there's some other
license in play (The apache license doesn't supersede other licenses). Of
course you should consult with legal counsel before making any
contributions though.  I think to Benson's point, The ASF requires that any
incoming code was put in under that license agreement or there's a SGA
stating the prior license can be converted.

Note the phrase, intentionally submitted for inclusion in the Work by
You _to the Licensor_. Who is the licensor for a body of work not at
Apache? The process has to start with a clear ownership of copyright
-- the licensor. The purpose of the SGA, I think, is to get a clear
answer to that question. You might be able to argue that a particular
github repo is made up of an initial work with a single owner, and
then contributions to it under the terms of the AL. In which case,
you'd just need an SGA from that original single owner. IANAL.


My understanding is that the Licensor is whomever claims to be 'it'. As 
long ans the claimant produces documentation to substantiate the claim 
that we can accept, we should be good. I don't see a need/requirement 
for the Licensor to necessarily be a legal organization. That is if it's 
not one single owner but a small group of contributors/owners, that 
should be ok too.


IANAL, $0.02,
Hadrian





-
To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
For additional commands, e-mail: general-h...@incubator.apache.org



Re: Software Grants for GitHub Projects...

2015-02-02 Thread Matt Franklin
On Mon Feb 02 2015 at 8:09:43 AM Hadrian Zbarcea hzbar...@gmail.com wrote:


 On 02/01/2015 03:19 PM, Benson Margulies wrote:
  On Sun, Feb 1, 2015 at 2:12 PM, John D. Ament johndam...@apache.org
 wrote:
  On Sun Feb 01 2015 at 1:05:10 AM Alex Harui aha...@adobe.com wrote:
 
 
  On 1/31/15, 9:09 AM, Benson Margulies bimargul...@gmail.com wrote:
 
  On Sat, Jan 31, 2015 at 11:32 AM, Matt Franklin
  m.ben.frank...@gmail.com wrote:
  On Sat Jan 31 2015 at 11:22:15 AM Benson Margulies
  bimargul...@gmail.com
  wrote:
 
  On Sat, Jan 31, 2015 at 10:55 AM, James Carman
  ja...@carmanconsulting.com wrote:
  Are there guidelines for these usual considerations?
  For all the small stuff, the safe path is to get an ICLA from each
  committer, and an email message positively stating an intent to
 donate
  the code.
 
  Yes, this is the safest approach; but, may not be necessary for
 changes
  that do not represent significant IP.  For instance, our projects
 accept
  minor contributions through JIRA, without an ICLA.
  There's a critical distinction here. Once you have released a product
  under the Apache license, people can contribute new things to it under
  the terms of the license. The license has very specific language: if
  you take code from us, and then send us a contribution (email, JIRA,
  github PR, carrier pigeon) that is a derivative of what you took, you
  are granting the code to the Foundation.
 
  That doesn't help with the initial import of a project from github or
  bitbucket or Jupiter or Mars; none of those contributions met the
  criteria in the license of sending a contribution back to the
  Foundation, because the code wasn't here in the first place.
  Just curious, what if the code was under AL but not at Apache?
 
  The license is pretty clear about this:
 
  *5. Submission of Contributions*. Unless You explicitly state otherwise,
  any Contribution intentionally submitted for inclusion in the Work by
 You
  to the Licensor shall be under the terms and conditions of this License,
  without any additional terms or conditions. Notwithstanding the above,
  nothing herein shall supersede or modify the terms of any separate
 license
  agreement you may have executed with Licensor regarding such
 Contributions.
 
  So basically, anything you contribute back is assumed to be under the
  Apache license, unless you (the author) say otherwise or there's some
 other
  license in play (The apache license doesn't supersede other licenses).
 Of
  course you should consult with legal counsel before making any
  contributions though.  I think to Benson's point, The ASF requires that
 any
  incoming code was put in under that license agreement or there's a SGA
  stating the prior license can be converted.
  Note the phrase, intentionally submitted for inclusion in the Work by
  You _to the Licensor_. Who is the licensor for a body of work not at
  Apache? The process has to start with a clear ownership of copyright
  -- the licensor. The purpose of the SGA, I think, is to get a clear
  answer to that question. You might be able to argue that a particular
  github repo is made up of an initial work with a single owner, and
  then contributions to it under the terms of the AL. In which case,
  you'd just need an SGA from that original single owner. IANAL.
 
 
 My understanding is that the Licensor is whomever claims to be 'it'. As
 long ans the claimant produces documentation to substantiate the claim
 that we can accept, we should be good. I don't see a need/requirement
 for the Licensor to necessarily be a legal organization. That is if it's
 not one single owner but a small group of contributors/owners, that
 should be ok too.


My understanding is that the licensor must be able to own the copyright,
thus a legal entity (company or individual).

IMO, we should either take the acceptance of Tinkerpop as a Licensor to
legal@ or we just ask anyone who has contributed signifiant IP to sign an
ICLA with new copyright assignment.



 IANAL, $0.02,
 Hadrian





 -
 To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
 For additional commands, e-mail: general-h...@incubator.apache.org




Re: Software Grants for GitHub Projects...

2015-02-01 Thread John D. Ament
On Sun Feb 01 2015 at 1:05:10 AM Alex Harui aha...@adobe.com wrote:



 On 1/31/15, 9:09 AM, Benson Margulies bimargul...@gmail.com wrote:

 On Sat, Jan 31, 2015 at 11:32 AM, Matt Franklin
 m.ben.frank...@gmail.com wrote:
  On Sat Jan 31 2015 at 11:22:15 AM Benson Margulies
 bimargul...@gmail.com
  wrote:
 
  On Sat, Jan 31, 2015 at 10:55 AM, James Carman
  ja...@carmanconsulting.com wrote:
   Are there guidelines for these usual considerations?
 
 For all the small stuff, the safe path is to get an ICLA from each
  committer, and an email message positively stating an intent to donate
  the code.
 
 
  Yes, this is the safest approach; but, may not be necessary for changes
  that do not represent significant IP.  For instance, our projects accept
  minor contributions through JIRA, without an ICLA.
 
 There's a critical distinction here. Once you have released a product
 under the Apache license, people can contribute new things to it under
 the terms of the license. The license has very specific language: if
 you take code from us, and then send us a contribution (email, JIRA,
 github PR, carrier pigeon) that is a derivative of what you took, you
 are granting the code to the Foundation.
 
 That doesn't help with the initial import of a project from github or
 bitbucket or Jupiter or Mars; none of those contributions met the
 criteria in the license of sending a contribution back to the
 Foundation, because the code wasn't here in the first place.

 Just curious, what if the code was under AL but not at Apache?


The license is pretty clear about this:

*5. Submission of Contributions*. Unless You explicitly state otherwise,
any Contribution intentionally submitted for inclusion in the Work by You
to the Licensor shall be under the terms and conditions of this License,
without any additional terms or conditions. Notwithstanding the above,
nothing herein shall supersede or modify the terms of any separate license
agreement you may have executed with Licensor regarding such Contributions.

So basically, anything you contribute back is assumed to be under the
Apache license, unless you (the author) say otherwise or there's some other
license in play (The apache license doesn't supersede other licenses). Of
course you should consult with legal counsel before making any
contributions though.  I think to Benson's point, The ASF requires that any
incoming code was put in under that license agreement or there's a SGA
stating the prior license can be converted.

John



 -Alex


 -
 To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
 For additional commands, e-mail: general-h...@incubator.apache.org



Re: Software Grants for GitHub Projects...

2015-02-01 Thread Benson Margulies
On Sun, Feb 1, 2015 at 2:12 PM, John D. Ament johndam...@apache.org wrote:
 On Sun Feb 01 2015 at 1:05:10 AM Alex Harui aha...@adobe.com wrote:



 On 1/31/15, 9:09 AM, Benson Margulies bimargul...@gmail.com wrote:

 On Sat, Jan 31, 2015 at 11:32 AM, Matt Franklin
 m.ben.frank...@gmail.com wrote:
  On Sat Jan 31 2015 at 11:22:15 AM Benson Margulies
 bimargul...@gmail.com
  wrote:
 
  On Sat, Jan 31, 2015 at 10:55 AM, James Carman
  ja...@carmanconsulting.com wrote:
   Are there guidelines for these usual considerations?
 
 For all the small stuff, the safe path is to get an ICLA from each
  committer, and an email message positively stating an intent to donate
  the code.
 
 
  Yes, this is the safest approach; but, may not be necessary for changes
  that do not represent significant IP.  For instance, our projects accept
  minor contributions through JIRA, without an ICLA.
 
 There's a critical distinction here. Once you have released a product
 under the Apache license, people can contribute new things to it under
 the terms of the license. The license has very specific language: if
 you take code from us, and then send us a contribution (email, JIRA,
 github PR, carrier pigeon) that is a derivative of what you took, you
 are granting the code to the Foundation.
 
 That doesn't help with the initial import of a project from github or
 bitbucket or Jupiter or Mars; none of those contributions met the
 criteria in the license of sending a contribution back to the
 Foundation, because the code wasn't here in the first place.

 Just curious, what if the code was under AL but not at Apache?


 The license is pretty clear about this:

 *5. Submission of Contributions*. Unless You explicitly state otherwise,
 any Contribution intentionally submitted for inclusion in the Work by You
 to the Licensor shall be under the terms and conditions of this License,
 without any additional terms or conditions. Notwithstanding the above,
 nothing herein shall supersede or modify the terms of any separate license
 agreement you may have executed with Licensor regarding such Contributions.

 So basically, anything you contribute back is assumed to be under the
 Apache license, unless you (the author) say otherwise or there's some other
 license in play (The apache license doesn't supersede other licenses). Of
 course you should consult with legal counsel before making any
 contributions though.  I think to Benson's point, The ASF requires that any
 incoming code was put in under that license agreement or there's a SGA
 stating the prior license can be converted.

Note the phrase, intentionally submitted for inclusion in the Work by
You _to the Licensor_. Who is the licensor for a body of work not at
Apache? The process has to start with a clear ownership of copyright
-- the licensor. The purpose of the SGA, I think, is to get a clear
answer to that question. You might be able to argue that a particular
github repo is made up of an initial work with a single owner, and
then contributions to it under the terms of the AL. In which case,
you'd just need an SGA from that original single owner. IANAL.


 John



 -Alex


 -
 To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
 For additional commands, e-mail: general-h...@incubator.apache.org


-
To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
For additional commands, e-mail: general-h...@incubator.apache.org



Software Grants for GitHub Projects...

2015-01-31 Thread James Carman
Is there a standard within the incubator about how we go about
getting the appropriate forms filled out when we want to incubate a
project from GitHub?  GitHub fosters a sort of fly-by contribution
model (and that's a good thing), but it makes donating the code a bit
troublesome, because we need to make sure that all (to a certain
degree?) of the contributors do, in fact want to donate the code they
contributed to the foundation.

Note that this problem isn't necessarily unique to GitHub, but Git
itself somewhat highlights the issue because contributions from
outside parties (pull requests) do maintain metadata about their
original authors.  With SVN, typically someone with karma has to do
the commit and it gets tagged with their identity, so the audit trail
goes cold (comments can contain attributions, but that's hard to
report on).

Anyway, just looking for some guidance here.  We are trying to move
TinkerPop forward and how exactly we go about getting the forms filled
out properly is somewhat of a blocker.

Thanks,

James Carman, Assistant Secretary
Apache Software Foundation

-
To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
For additional commands, e-mail: general-h...@incubator.apache.org



Re: Software Grants for GitHub Projects...

2015-01-31 Thread James Carman
Are there guidelines for these usual considerations?

On Saturday, January 31, 2015, Benson Margulies bimargul...@gmail.com
wrote:

 On Sat, Jan 31, 2015 at 8:44 AM, James Carman
 ja...@carmanconsulting.com javascript:; wrote:
  Is there a standard within the incubator about how we go about
  getting the appropriate forms filled out when we want to incubate a
  project from GitHub?  GitHub fosters a sort of fly-by contribution
  model (and that's a good thing), but it makes donating the code a bit
  troublesome, because we need to make sure that all (to a certain
  degree?) of the contributors do, in fact want to donate the code they
  contributed to the foundation.

 Simple answer: no. It is up to you to get ICLA/CCLA/SGA as appropriate
 for all contributors based on the usual considerations of contribution
 size, copyright ownership, and provenance clarity. if you have some
 stray commits that you can't cover, you can either reimplement, or
 make an argument that are below the threshold of concern. The github
 metadata helps a bit, but since you have no guarantee that the
 committer is the author, there's no possible way to see this as
 automated. The fact that code is published under the AL does _not_
 make it automatically code that you can pull in no matter what else.
 We require a positive intent to contribute the code to the foundation.

 
  Note that this problem isn't necessarily unique to GitHub, but Git
  itself somewhat highlights the issue because contributions from
  outside parties (pull requests) do maintain metadata about their
  original authors.  With SVN, typically someone with karma has to do
  the commit and it gets tagged with their identity, so the audit trail
  goes cold (comments can contain attributions, but that's hard to
  report on).
 
  Anyway, just looking for some guidance here.  We are trying to move
  TinkerPop forward and how exactly we go about getting the forms filled
  out properly is somewhat of a blocker.
 
  Thanks,
 
  James Carman, Assistant Secretary
  Apache Software Foundation
 
  -
  To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
 javascript:;
  For additional commands, e-mail: general-h...@incubator.apache.org
 javascript:;
 

 -
 To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
 javascript:;
 For additional commands, e-mail: general-h...@incubator.apache.org
 javascript:;




Re: Software Grants for GitHub Projects...

2015-01-31 Thread Benson Margulies
On Sat, Jan 31, 2015 at 10:55 AM, James Carman
ja...@carmanconsulting.com wrote:
 Are there guidelines for these usual considerations?

(Queue Marvin on the subject of documentation.)

http://www.apache.org/licenses/

My understanding: when a significant body of code arrives all at once,
the Foundation desires an SGA. That, however, assumes that one legal
entity is granting the license to the whole thing. So, if you have a
github repo whose contents are assembled of a uniform distribution of
small contributions, there would be no point to an SGA. If, on the
other hand, the histogram of contribution size versus copyright holder
indicated that some copyright owners contributed 'significant' bodies
of code, then SGAs from those entities might be called for. There is
no established law that allows the Foundation to set hard criteria in
terms of lines of code, so this has to be a judgement call, and people
sometimes call upon the VP, Legal for assistance in making those
judgement calls.

For all the small stuff, the safe path is to get an ICLA from each
committer, and an email message positively stating an intent to donate
the code. Note that copyright still stays with them; they are granting
a license, but we also require that code that 'moves into' Apache some
with some expression of positive intent on the part of the
author/copyright owner.



 On Saturday, January 31, 2015, Benson Margulies bimargul...@gmail.com
 wrote:

 On Sat, Jan 31, 2015 at 8:44 AM, James Carman
 ja...@carmanconsulting.com javascript:; wrote:
  Is there a standard within the incubator about how we go about
  getting the appropriate forms filled out when we want to incubate a
  project from GitHub?  GitHub fosters a sort of fly-by contribution
  model (and that's a good thing), but it makes donating the code a bit
  troublesome, because we need to make sure that all (to a certain
  degree?) of the contributors do, in fact want to donate the code they
  contributed to the foundation.

 Simple answer: no. It is up to you to get ICLA/CCLA/SGA as appropriate
 for all contributors based on the usual considerations of contribution
 size, copyright ownership, and provenance clarity. if you have some
 stray commits that you can't cover, you can either reimplement, or
 make an argument that are below the threshold of concern. The github
 metadata helps a bit, but since you have no guarantee that the
 committer is the author, there's no possible way to see this as
 automated. The fact that code is published under the AL does _not_
 make it automatically code that you can pull in no matter what else.
 We require a positive intent to contribute the code to the foundation.

 
  Note that this problem isn't necessarily unique to GitHub, but Git
  itself somewhat highlights the issue because contributions from
  outside parties (pull requests) do maintain metadata about their
  original authors.  With SVN, typically someone with karma has to do
  the commit and it gets tagged with their identity, so the audit trail
  goes cold (comments can contain attributions, but that's hard to
  report on).
 
  Anyway, just looking for some guidance here.  We are trying to move
  TinkerPop forward and how exactly we go about getting the forms filled
  out properly is somewhat of a blocker.
 
  Thanks,
 
  James Carman, Assistant Secretary
  Apache Software Foundation
 
  -
  To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
 javascript:;
  For additional commands, e-mail: general-h...@incubator.apache.org
 javascript:;
 

 -
 To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
 javascript:;
 For additional commands, e-mail: general-h...@incubator.apache.org
 javascript:;



-
To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
For additional commands, e-mail: general-h...@incubator.apache.org



Re: Software Grants for GitHub Projects...

2015-01-31 Thread Matt Franklin
On Sat Jan 31 2015 at 11:22:15 AM Benson Margulies bimargul...@gmail.com
wrote:

 On Sat, Jan 31, 2015 at 10:55 AM, James Carman
 ja...@carmanconsulting.com wrote:
  Are there guidelines for these usual considerations?

 (Queue Marvin on the subject of documentation.)

 http://www.apache.org/licenses/

 My understanding: when a significant body of code arrives all at once,
 the Foundation desires an SGA. That, however, assumes that one legal
 entity is granting the license to the whole thing. So, if you have a
 github repo whose contents are assembled of a uniform distribution of
 small contributions, there would be no point to an SGA. If, on the
 other hand, the histogram of contribution size versus copyright holder
 indicated that some copyright owners contributed 'significant' bodies
 of code, then SGAs from those entities might be called for. There is
 no established law that allows the Foundation to set hard criteria in
 terms of lines of code, so this has to be a judgement call, and people
 sometimes call upon the VP, Legal for assistance in making those
 judgement calls.

 For all the small stuff, the safe path is to get an ICLA from each
 committer, and an email message positively stating an intent to donate
 the code.


Yes, this is the safest approach; but, may not be necessary for changes
that do not represent significant IP.  For instance, our projects accept
minor contributions through JIRA, without an ICLA.



 Note that copyright still stays with them; they are granting
 a license, but we also require that code that 'moves into' Apache some
 with some expression of positive intent on the part of the
 author/copyright owner.


 
  On Saturday, January 31, 2015, Benson Margulies bimargul...@gmail.com
  wrote:
 
  On Sat, Jan 31, 2015 at 8:44 AM, James Carman
  ja...@carmanconsulting.com javascript:; wrote:
   Is there a standard within the incubator about how we go about
   getting the appropriate forms filled out when we want to incubate a
   project from GitHub?  GitHub fosters a sort of fly-by contribution
   model (and that's a good thing), but it makes donating the code a bit
   troublesome, because we need to make sure that all (to a certain
   degree?) of the contributors do, in fact want to donate the code they
   contributed to the foundation.
 
  Simple answer: no. It is up to you to get ICLA/CCLA/SGA as appropriate
  for all contributors based on the usual considerations of contribution
  size, copyright ownership, and provenance clarity. if you have some
  stray commits that you can't cover, you can either reimplement, or
  make an argument that are below the threshold of concern. The github
  metadata helps a bit, but since you have no guarantee that the
  committer is the author, there's no possible way to see this as
  automated. The fact that code is published under the AL does _not_
  make it automatically code that you can pull in no matter what else.
  We require a positive intent to contribute the code to the foundation.
 
  
   Note that this problem isn't necessarily unique to GitHub, but Git
   itself somewhat highlights the issue because contributions from
   outside parties (pull requests) do maintain metadata about their
   original authors.  With SVN, typically someone with karma has to do
   the commit and it gets tagged with their identity, so the audit trail
   goes cold (comments can contain attributions, but that's hard to
   report on).
  
   Anyway, just looking for some guidance here.  We are trying to move
   TinkerPop forward and how exactly we go about getting the forms filled
   out properly is somewhat of a blocker.
  
   Thanks,
  
   James Carman, Assistant Secretary
   Apache Software Foundation
  
   -
   To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
  javascript:;
   For additional commands, e-mail: general-h...@incubator.apache.org
  javascript:;
  
 
  -
  To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
  javascript:;
  For additional commands, e-mail: general-h...@incubator.apache.org
  javascript:;
 
 

 -
 To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
 For additional commands, e-mail: general-h...@incubator.apache.org




Re: Software Grants for GitHub Projects...

2015-01-31 Thread Benson Margulies
On Sat, Jan 31, 2015 at 8:44 AM, James Carman
ja...@carmanconsulting.com wrote:
 Is there a standard within the incubator about how we go about
 getting the appropriate forms filled out when we want to incubate a
 project from GitHub?  GitHub fosters a sort of fly-by contribution
 model (and that's a good thing), but it makes donating the code a bit
 troublesome, because we need to make sure that all (to a certain
 degree?) of the contributors do, in fact want to donate the code they
 contributed to the foundation.

Simple answer: no. It is up to you to get ICLA/CCLA/SGA as appropriate
for all contributors based on the usual considerations of contribution
size, copyright ownership, and provenance clarity. if you have some
stray commits that you can't cover, you can either reimplement, or
make an argument that are below the threshold of concern. The github
metadata helps a bit, but since you have no guarantee that the
committer is the author, there's no possible way to see this as
automated. The fact that code is published under the AL does _not_
make it automatically code that you can pull in no matter what else.
We require a positive intent to contribute the code to the foundation.


 Note that this problem isn't necessarily unique to GitHub, but Git
 itself somewhat highlights the issue because contributions from
 outside parties (pull requests) do maintain metadata about their
 original authors.  With SVN, typically someone with karma has to do
 the commit and it gets tagged with their identity, so the audit trail
 goes cold (comments can contain attributions, but that's hard to
 report on).

 Anyway, just looking for some guidance here.  We are trying to move
 TinkerPop forward and how exactly we go about getting the forms filled
 out properly is somewhat of a blocker.

 Thanks,

 James Carman, Assistant Secretary
 Apache Software Foundation

 -
 To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
 For additional commands, e-mail: general-h...@incubator.apache.org


-
To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
For additional commands, e-mail: general-h...@incubator.apache.org



Re: Software Grants for GitHub Projects...

2015-01-31 Thread Benson Margulies
On Sat, Jan 31, 2015 at 11:32 AM, Matt Franklin
m.ben.frank...@gmail.com wrote:
 On Sat Jan 31 2015 at 11:22:15 AM Benson Margulies bimargul...@gmail.com
 wrote:

 On Sat, Jan 31, 2015 at 10:55 AM, James Carman
 ja...@carmanconsulting.com wrote:
  Are there guidelines for these usual considerations?

 (Queue Marvin on the subject of documentation.)

 http://www.apache.org/licenses/

 My understanding: when a significant body of code arrives all at once,
 the Foundation desires an SGA. That, however, assumes that one legal
 entity is granting the license to the whole thing. So, if you have a
 github repo whose contents are assembled of a uniform distribution of
 small contributions, there would be no point to an SGA. If, on the
 other hand, the histogram of contribution size versus copyright holder
 indicated that some copyright owners contributed 'significant' bodies
 of code, then SGAs from those entities might be called for. There is
 no established law that allows the Foundation to set hard criteria in
 terms of lines of code, so this has to be a judgement call, and people
 sometimes call upon the VP, Legal for assistance in making those
 judgement calls.

 For all the small stuff, the safe path is to get an ICLA from each
 committer, and an email message positively stating an intent to donate
 the code.


 Yes, this is the safest approach; but, may not be necessary for changes
 that do not represent significant IP.  For instance, our projects accept
 minor contributions through JIRA, without an ICLA.

There's a critical distinction here. Once you have released a product
under the Apache license, people can contribute new things to it under
the terms of the license. The license has very specific language: if
you take code from us, and then send us a contribution (email, JIRA,
github PR, carrier pigeon) that is a derivative of what you took, you
are granting the code to the Foundation.

That doesn't help with the initial import of a project from github or
bitbucket or Jupiter or Mars; none of those contributions met the
criteria in the license of sending a contribution back to the
Foundation, because the code wasn't here in the first place.




 Note that copyright still stays with them; they are granting
 a license, but we also require that code that 'moves into' Apache some
 with some expression of positive intent on the part of the
 author/copyright owner.


 
  On Saturday, January 31, 2015, Benson Margulies bimargul...@gmail.com
  wrote:
 
  On Sat, Jan 31, 2015 at 8:44 AM, James Carman
  ja...@carmanconsulting.com javascript:; wrote:
   Is there a standard within the incubator about how we go about
   getting the appropriate forms filled out when we want to incubate a
   project from GitHub?  GitHub fosters a sort of fly-by contribution
   model (and that's a good thing), but it makes donating the code a bit
   troublesome, because we need to make sure that all (to a certain
   degree?) of the contributors do, in fact want to donate the code they
   contributed to the foundation.
 
  Simple answer: no. It is up to you to get ICLA/CCLA/SGA as appropriate
  for all contributors based on the usual considerations of contribution
  size, copyright ownership, and provenance clarity. if you have some
  stray commits that you can't cover, you can either reimplement, or
  make an argument that are below the threshold of concern. The github
  metadata helps a bit, but since you have no guarantee that the
  committer is the author, there's no possible way to see this as
  automated. The fact that code is published under the AL does _not_
  make it automatically code that you can pull in no matter what else.
  We require a positive intent to contribute the code to the foundation.
 
  
   Note that this problem isn't necessarily unique to GitHub, but Git
   itself somewhat highlights the issue because contributions from
   outside parties (pull requests) do maintain metadata about their
   original authors.  With SVN, typically someone with karma has to do
   the commit and it gets tagged with their identity, so the audit trail
   goes cold (comments can contain attributions, but that's hard to
   report on).
  
   Anyway, just looking for some guidance here.  We are trying to move
   TinkerPop forward and how exactly we go about getting the forms filled
   out properly is somewhat of a blocker.
  
   Thanks,
  
   James Carman, Assistant Secretary
   Apache Software Foundation
  
   -
   To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
  javascript:;
   For additional commands, e-mail: general-h...@incubator.apache.org
  javascript:;
  
 
  -
  To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
  javascript:;
  For additional commands, e-mail: general-h...@incubator.apache.org
  javascript:;
 
 

 

Re: Software Grants for GitHub Projects...

2015-01-31 Thread Alex Harui


On 1/31/15, 9:09 AM, Benson Margulies bimargul...@gmail.com wrote:

On Sat, Jan 31, 2015 at 11:32 AM, Matt Franklin
m.ben.frank...@gmail.com wrote:
 On Sat Jan 31 2015 at 11:22:15 AM Benson Margulies
bimargul...@gmail.com
 wrote:

 On Sat, Jan 31, 2015 at 10:55 AM, James Carman
 ja...@carmanconsulting.com wrote:
  Are there guidelines for these usual considerations?

For all the small stuff, the safe path is to get an ICLA from each
 committer, and an email message positively stating an intent to donate
 the code.


 Yes, this is the safest approach; but, may not be necessary for changes
 that do not represent significant IP.  For instance, our projects accept
 minor contributions through JIRA, without an ICLA.

There's a critical distinction here. Once you have released a product
under the Apache license, people can contribute new things to it under
the terms of the license. The license has very specific language: if
you take code from us, and then send us a contribution (email, JIRA,
github PR, carrier pigeon) that is a derivative of what you took, you
are granting the code to the Foundation.

That doesn't help with the initial import of a project from github or
bitbucket or Jupiter or Mars; none of those contributions met the
criteria in the license of sending a contribution back to the
Foundation, because the code wasn't here in the first place.

Just curious, what if the code was under AL but not at Apache?

-Alex


-
To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
For additional commands, e-mail: general-h...@incubator.apache.org