Re: [VOTE] Release Apache DataSketches-java 1.3.0-incubating-RC1

[David Jencks]

FWIW (not much) Michael Martin’s statements match my understanding. What he 
says is stated from a different point of view or with different emphasis than 
most posts here, but doesn’t differ AFAICT.  The only point that remains 
unclear to me is the end date of Verizon’s explicitly asserted copyright.  I’d 
expect it to have an end date as of the code donation, since after that not all 
the code will be copyright Verizon because presumably there are 
non-Verizon-employee contributors.  IIUC Michael is saying all ongoing 
contributions from Verizon employees are still copyright Verizon, which is the 
normal state of affairs for employees in the US.   I don’t think he is claiming 
Verizon copyright on code contributed by others.

David Jencks

> On May 4, 2020, at 4:00 PM, Justin Mclean  wrote:
> 
> Hi,
> 
>> I find no record of Verizon Media or its predecessors (including Yahoo and
>> Oath) having assigned copyright to Apache, either with respect to the code
>> that existed at the time the project joined the incubator or with respect
>> to the authorized contributions made by Lee and others since then.  And to
>> be clear, pursuant to the terms of their employment agreements, neither Lee
>> nor any of the other Verizon Media employees contributing to the project
>> actually own copyright to their contributions.  Verizon Media owns that
>> copyright.
> 
> If this is the case that as per section 4 in the ICLA my understanding (and I 
> may be mistaken) is we something more from Verizon Media ie, ether they waive 
> rights or sign a CCLA. I do see we have a CCLA on file from Verizon Media but 
> I’m not 100% if it was for this project and employees as I can't find any 
> discussion of it on your mailing list.
> 
> From a project point of view this is slightly concerning in other ways, I 
> suggest you read [1][2][3][4]
> 
> Thanks,
> Justin
> 
> 1. https://www.apache.org/foundation/faq.html#corporate-membership
> 2. https://www.apache.org/foundation/how-it-works.html#hats
> 3. http://community.apache.org/projectIndependence.html
> 4. https://www.apache.org/theapacheway/ (independence)
> 
> 
> 
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Re: [VOTE] Release Apache NLPCraft (Incubating) 0.5.0

[Justin Mclean]

Hi,

> Fixed in master. However, there are still questions on hoThw NOTICE file
> should look like for binary releases.

Generally the way that is handles is too have seperate NOTICE (and LICENSE) 
files one for teh source release and one for the binary convienance.

> These are the model files shipped with Apache OpenNLP (data, not code).

Perhaps call them “.dat” rather than “.bin”?

Thanks,
Justin
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Re: [VOTE] Release Apache DataSketches-java 1.3.0-incubating-RC1

[Justin Mclean]

Hi,

> I find no record of Verizon Media or its predecessors (including Yahoo and
> Oath) having assigned copyright to Apache, either with respect to the code
> that existed at the time the project joined the incubator or with respect
> to the authorized contributions made by Lee and others since then.  And to
> be clear, pursuant to the terms of their employment agreements, neither Lee
> nor any of the other Verizon Media employees contributing to the project
> actually own copyright to their contributions.  Verizon Media owns that
> copyright.

If this is the case that as per section 4 in the ICLA my understanding (and I 
may be mistaken) is we something more from Verizon Media ie, ether they waive 
rights or sign a CCLA. I do see we have a CCLA on file from Verizon Media but 
I’m not 100% if it was for this project and employees as I can't find any 
discussion of it on your mailing list.

From a project point of view this is slightly concerning in other ways, I 
suggest you read [1][2][3][4]

Thanks,
Justin

1. https://www.apache.org/foundation/faq.html#corporate-membership
2. https://www.apache.org/foundation/how-it-works.html#hats
3. http://community.apache.org/projectIndependence.html
4. https://www.apache.org/theapacheway/ (independence)



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Re: [VOTE] Release Apache NLPCraft (Incubating) 0.5.0

[Aaron Radzinski]

Justin,
Thank you for noticing this. See below...
--
Aaron Radzinski



On Fri, May 1, 2020 at 11:01 PM Justin Mclean 
wrote:

> HI,
>
> I know the vote has all ready passed but I can see a  couple of issues
> here:
> - LICENSE is missing the appendix
>
Fixed in master.

- As noted the NOTICE is not correct. License are not lined in NOTICE they
> are licensed in LICENSE and need to be the full text. Dependancies don’t
> need to be listed only that that are bundled in the release.
>
Fixed in master. However, there are still questions on hoThw NOTICE file
should look like for binary releases.

- The release included what looks like to be compiled code, this is
> generally not allowed in a source release [1]
>
These are the model files shipped with Apache OpenNLP (data, not code).


> - LICENSE is missing the license of this file [2]
>
Fixed in master.


> Thanks,
> Justin
>
> 1. ./src/main/resources/opennlp/*.bin
> 2.
> https://github.com/peet/hashids.java/blob/master/src/HashidsJava/Hashids.java
>
>

Re: [VOTE] Release Apache DataSketches-java 1.3.0-incubating-RC1

[Michael Martin (Legal)]

Hello all:

I'm joining this chain to help address a question that was raised regarding
copyright ownership in the context of the accuracy of the NOTICE file.

My understanding is that when Datasketches joined the incubator, Verizon
Media granted an irrevocable license to its copyright in the datasketches
code (same as any contributor would).  Near simultaneously we authorized a
number of Verizon Media employees, including Lee, to make contributions to
the Datasketches project at Apache through a set of ICLAs.

I find no record of Verizon Media or its predecessors (including Yahoo and
Oath) having assigned copyright to Apache, either with respect to the code
that existed at the time the project joined the incubator or with respect
to the authorized contributions made by Lee and others since then.  And to
be clear, pursuant to the terms of their employment agreements, neither Lee
nor any of the other Verizon Media employees contributing to the project
actually own copyright to their contributions.  Verizon Media owns that
copyright.

It was this understanding that led to the form of the NOTICE file that Lee
has been using for some time on this project.

I see the suggestion that Verizon Media "should have stopped claiming"
copyright when the code was donated.  To be clear, Verizon Media has no
intent of withholding its copyright in the project, and even if it did the
terms of the license granted are irrevocable.  But the premise of the
suggestion is curious to me as a lawyer because copyright is not something
that needs to be claimed; rather, under United States law at least, it
vests inexorably whenever an original creation is fixed in a tangible
medium of expression.  So I do not understand Lee's NOTICE file as a
"claim" *per se*, but rather as a notice that is factually accurate.

Last, but not least, let me point out that Section 4 of the ICLAs that Lee
and other Verizon Media employees have signed do not appear to require
assignment or waiver of copyright ownership.  (I've highlighted the "or" in
boldface.)  My understanding is that we've been operating here with the
understanding that Lee and others who have executed ICLAs have received
permission to make Contributions to the Foundation.  (Which, to be clear,
they have.)

If your employer(s) has rights to intellectual property that you create
> that includes your Contributions, you represent that you have received
> permission to make Contributions on behalf of that employer, that your
> employer has waived such rights for your Contributions to the Foundation,
> *or* that your employer has executed a separate Corporate CLA with the
> Foundation.
>

Am I missing something or is Lee's NOTICE file not rigorously correct under
the circumstances?

On Sun, May 3, 2020 at 12:19 PM leerho  wrote:

> John,
>
> Thank you for your vote.
>
> With respect to the src/test/resources/*.bin files:
>
> As I stated earlier in this thread:
>
> Those bin files are not compiled source code but are representative binary
>> output images of sketch data structures that fall into one of 2 cases:
>>
>>- Sketch images produced by C++.  This allows us to validate
>>cross-language binary compatibility.
>>
>>
>>- Sketch images produced by earlier versions of the source code.
>>This allows to to validate forward compatibility.
>>
>> I don't know how to state it more clearly: These files are *static*
> *data* *files*.  They are not compiled source code of any language.  They
> are not executable.  We used the extension ".bin" to indicate that they are
> binary files and not human readable.
>
> Quoting from Oracle documentation
> ,
> "A *resource* is data (images, audio, text, and so on) that a program
> needs to access in a way that is independent of the location of the program
> code."  And the *resources directories*, such as "*src/test/resources/*"
> provide a *location-independent access* to *resources*.  That is why
> these *data files* are located there.
>
> To remove these files would impair our ability to do cross-language and
> forward compatibility testing.
>
> Static data is a valid component of source code. Therefore, having static
> data as part of our software is not an issue that needs to be addressed in
> the DISCLAIMER-WIP, nor is it an issue that "needs to be cleaned up".
>
> **
>
> Copyright should have stopped claiming by Verizon Media when the code was
>> donated, so listing an end date there would be preferred (though unless
>> the
>> project was called DataSketches at Yahoo/Verizon Media those lines are
>> incorrect).
>
>
> With respect to your interpretation of the copyright license as a
> "donation" and that Verizon Media no longer has any claim of copyright
> ownership of the contributed code I have added our Intellectual Property
> attorney, Michael Martin, to this thread.
>
> If he has time to respond, he may offer a different opinion.
>
> Best regards,
>
> 

Re: [VOTE] Release Apache Iceberg 0.8.0-incubating RC2

[Ryan Blue]

Thanks, Justin. Can you be more specific about what you think isn't correct
in the NOTICE file? Our practice is to copy the entire notice of
third-party projects, if they exist. We don't do this for the boiler-plate
ASF NOTICE, but any ASF notice that contains other text will be copied in
(like Yetus in the runtime Jar).

On Sun, May 3, 2020 at 7:49 PM Justin Mclean 
wrote:

> Hi,
>
> +1(binding)
>
> I checked:
> - incubating in name
> - signature and hashes are fine
> - DISCLAIMER exits
> - LICENSE is fine but may mention code that is no longer bundled? (e.g mvn)
> - NOTICE year needs updating
> - NOTICE content are not correct. There is a number of ALv2 bt of code
> bundles and the relevant parts of their NOTICE files haven’t been copied
> into the NOTICE.  [1] Please fix for the next release. There is no need for
> the license header to be in there.
> - No unexpected binary files
> - All ASF files have ASF headers
> -  I had trouble compiling from source as it required a new version of
> cradle than I had on my machine but is incompatible with the latest version
> off cradle (7.0)
>
> Thanks,
> Justin
>
> 1. https://www.apache.org/dev/licensing-howto.html
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-- 
Ryan Blue
Software Engineer
Netflix

Re: [VOTE] Release Apache NuttX (Incubating) 9.0.0 [RC1]

[Nathan Hartman]

On Mon, May 4, 2020 at 12:51 AM Justin Mclean  wrote:
> 72 hours in a minimum not a maximum. I suggest you ask and encourage your 
> other mentors to vote.
>
> Thanks,
> Justin

Agreed. Please, if we could get our other mentors, Flavio, Junping,
and Mohammad, to check out our release artifacts and vote, and also I
wouldn't want to be limiting ourselves to just our mentors; I'd love
it if we'd see interest from a wider audience here in the incubator!
Thank you all for your great work and looking forward to your feedback
and votes!

Thanks,
Nathan

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Re: [VOTE] Accept Rainbow into Apache Incubator

[lior.schachter]

Hi,
Thanks you all for your feedback.
We will change the project name to something less common.

Regards,
Lior



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Re: [VOTE] Release Apache NuttX (Incubating) 9.0.0 [RC1]

[Duo Zhang]

Yes, 72 hours is the minimum, you are free to wait a bit longer, especially
if you haven't gotten enough binding votes yet.

Let me take a look at the release artifacts.

Justin Mclean  于2020年5月4日周一 下午12:51写道：

> Hi,
>
> > We are about at the 72hr mark, but only one person from the IPMC has
> > reviewed and voted. We need two more to be able to close it out.
>
> 72 hours in a minimum not a maximum. I suggest you ask and encourage your
> other mentors to vote.
>
> Thanks,
> Justin
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>
>

[RESULT][VOTE] Release Apache PageSpeed 1.14.36.1-rc5 (respin)

[Otto van der Schaaf]

Thanks for reviewing and voting for Apache PageSpeed (Incubating) 1.14.36.1
release. I am happy to announce the release voting has passed with 4 +1
binding votes, no +0 or -1 votes.

The voting thread is:
https://lists.apache.org/thread.html/r04840be38932569e1555c9546495cb1dd9f3e8607b1b4f0fc32e744a%40%3Cgeneral.incubator.apache.org%3E

A big thank you on behalf of Apache PageSpeed (Incubating) community

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Re: [VOTE] Accept Rainbow into Apache Incubator

[Antoine Toulme]

Folks,

I tried to use the name Rainbow for a project before.

Here is the whole trademark research and the feedback from VP brand:
https://issues.apache.org/jira/projects/PODLINGNAMESEARCH/issues/PODLINGNAMESEARCH-164?filter=allissues
 


> On May 3, 2020, at 11:31 PM, Ming Wen  wrote:
> 
> Hi, Aviem,
> I did a quick in trademarkia[1], and found a lot of  trademarks about
> `rainbow`.
> 
> [1] https://www.trademarkia.com/trademarks-search.aspx?tn=rainbow
> 
> Thanks,
> Ming Wen, Apache APISIX & Apache SkyWalking
> Twitter: _WenMing
> 
> 
> Aviem Zur  于2020年5月4日周一 下午1:41写道：
> 
>> Not sure what legally needs to be checked, but a quick search on uspto.gov
>> did not return any result of the single word 'rainbow':
>> 
>> 
>> http://tmsearch.uspto.gov/bin/showfield?f=toc=4805%3A82m03t.1.1_search=searchss_L=50=_plural=yes_s_PARA1=_tagrepl%7E%3A=PARA1%24LD=PARA1+AND+PARA2_s_PARA2=rainbow_tagrepl%7E%3A=PARA2%24COMB_op_ALL=AND_default=search_search=Submit+Query_search=Submit+Query
>> 
>> On Sun, May 3, 2020 at 2:00 PM Justin Mclean 
>> wrote:
>> 
>>> Hi,
>>> 
 We have conducted a name search for 'Rainbow'. We feel that although
>>> there
 are few existing open source projects with this name, they are in a
 different space, hence not necessarily restrict us from using it.
>>> 
>>> Did you look at existing trademarks?
>>> 
>>> Thanks,
>>> Justin
>>> 
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>>> 
>>> 
>> 

Re: [VOTE] Accept Rainbow into Apache Incubator

[Ming Wen]

Hi, Aviem,
I did a quick in trademarkia[1], and found a lot of  trademarks about
`rainbow`.

[1] https://www.trademarkia.com/trademarks-search.aspx?tn=rainbow

Thanks,
Ming Wen, Apache APISIX & Apache SkyWalking
Twitter: _WenMing


Aviem Zur  于2020年5月4日周一 下午1:41写道：

> Not sure what legally needs to be checked, but a quick search on uspto.gov
> did not return any result of the single word 'rainbow':
>
>
> http://tmsearch.uspto.gov/bin/showfield?f=toc=4805%3A82m03t.1.1_search=searchss_L=50=_plural=yes_s_PARA1=_tagrepl%7E%3A=PARA1%24LD=PARA1+AND+PARA2_s_PARA2=rainbow_tagrepl%7E%3A=PARA2%24COMB_op_ALL=AND_default=search_search=Submit+Query_search=Submit+Query
>
> On Sun, May 3, 2020 at 2:00 PM Justin Mclean 
> wrote:
>
> > Hi,
> >
> > > We have conducted a name search for 'Rainbow'. We feel that although
> > there
> > > are few existing open source projects with this name, they are in a
> > > different space, hence not necessarily restrict us from using it.
> >
> > Did you look at existing trademarks?
> >
> > Thanks,
> > Justin
> >
> > -
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> >
> >
>