Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-27 Thread Andy Seaborne
Podling commons-rdf fits that description. It started at GitHub in the 
knowledge that ASF was a possible route; ALv2 from the start.  (We 
started at GH because there are people who would join discussions more 
freely on GH.)


It so happens, the contributors are all ASF committers.  With advice 
from our champion, we settled on one SG, naming the contributors and 
signed by the original creator of the project (Sergio, who created the 
project) on behalf of the Commons RDF Community.


We've just done that and ingested the code (today!) - if there is a 
better way, now is the time to say so because we can adjust easily.


Andy

(The SG leaves open things like an updated AL, not that is likely.)

On 26/03/15 16:42, P. Taylor Goetz wrote:

This seems like an appropriate thread to raise a question that’s been
in the back of my head for a while…

If a new project is created on github (or elsewhere — i.e. outside of
the ASF), but with the intention that it would be contributed to an
existing ASF project (ALv2 license from day 1), would a Software
Grant and/or IP clearance be required?

Put another way, what are the best practices to follow when creating
a new project, outside the ASF, with the goal of eventually
contributing that work to an existing ASF project?

The documentation for the IP clearance template [1] states:

Any code that was developed outside of the ASF SVN repository must
be processed like this, even if the external developer is an ASF
committer.”

To me that sounds like any new module, or even a sufficiently large
pull request, requires IP clearance. If that’s the case, I would
expect the clearance document list [2] to be much longer than it is,
and have more ASF projects represented there, especially some of the
faster growing ones.



-Taylor

[1] http://incubator.apache.org/ip-clearance/ip-clearance-template.html
[2] http://incubator.apache.org/ip-clearance/index.html



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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread James Carman
Let's continue here.  It seems there is some confusion around this
particular subject, because I don't know that we really reached a
point where we said this is what we're SUPPOSED to do in this
situation with TinkerPop.  We just did what we thought was best at
the time.  It would be good to have at least some codified guidelines
somewhere on a wiki page or something that will help newly-incubating
projects in similar situations.  Since I do some assistance with
secretary@, I don't mind helping with the documentation.  I will be
one of the main ones interested in said guidelines. :)


On Thu, Mar 26, 2015 at 7:54 AM, James Carman
ja...@carmanconsulting.com wrote:
 Emmanuel,

 I apologize for hijacking your thread.  Let me part (and create a new
 thread) by saying Welcome, Groovy!

 James

 On Thu, Mar 26, 2015 at 7:45 AM, James Carman
 ja...@carmanconsulting.com wrote:
 Bertrand,

 It took me a second, but I think I found some threads of interest:

 https://mail-search.apache.org/members/private-arch/board/201502.mbox/%3CCABD8fLVxK8jRT-Rdut9xC2RnHmQ4v9yywe4owNf=98ghdyk...@mail.gmail.com%3E
 https://mail-search.apache.org/members/private-arch/operations/201501.mbox/%3cc149fc5f-04ff-41ec-b741-f7958357a...@oracle.com%3E
 http://mail-archives.apache.org/mod_mbox/incubator-general/201501.mbox/%3CCALhtWke4LnWMv1zf8cy3GP3prp-r91WAEe2xi_FAuS=olmh...@mail.gmail.com%3E

 As you can see, we (by that I probably mean me) caused somewhat of a
 dust-up wrt TinkerPop's grant to the ASF.

 James


 On Thu, Mar 26, 2015 at 7:10 AM, Bertrand Delacretaz
 bdelacre...@apache.org wrote:
 On Thu, Mar 26, 2015 at 12:03 PM, James Carman
 ja...@carmanconsulting.com wrote:
 We need to make sure we get these guidelines nailed down, because that is
 not the advice we got when doing Tinker pop

 Do you have archive links to the relevant discussions?

 -Bertrand

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Matt Franklin
On Thu, Mar 26, 2015 at 9:07 AM Guillaume Laforge glafo...@gmail.com
wrote:

 So ultimately, what do we do?
 Do I (current Groovy project lead, thus project representative) need to
 sign something on behalf of the Groovy community or something like that?
 Or we just skip this step altogether since that's the community's intention
 as a whole?


I believe where we got to with Tinkerpop was to submit a SGA from the major
contributors in the community [1].

[1]
http://mail-archives.apache.org/mod_mbox/incubator-tinkerpop-dev/201502.mbox/%3C54CFE2A4.9010207%40gmail.com%3E



 On Thu, Mar 26, 2015 at 1:59 PM, Benson Margulies bimargul...@gmail.com
 wrote:

  If a single legal entity has the copyright, the entity makes a grant.
  If the code was built by a large community under the apache license,
  there's no one to make a grant. 'The community' expressing its desire
  to move to Apache is enough. This is an edge case of the principle
  that we only accept code when the copyright owner has a positive
  intent to contribute it; there's no way to test that for everyone who
  ever made a 2-line patch. Reference Subversion, I think.
 
 
  On Thu, Mar 26, 2015 at 8:40 AM, Cédric Champeau
  cedric.champ...@gmail.com wrote:
   In the case of groovy, does Pivotal own it or does someone else own
 it?
  
   Nobody owns it.
  
 If
   I look at https://github.com/groovy/groovy-core/blob/master/NOTICE it
   indicates that an entity known as The Groovy community owns it, in
  which
   case the SGA should probably come from them, no?  Or is The Groovy
   community not a legal entity?
  
   The Groovy community is not a legal entity. A lot of people
 contributed
  to
   Groovy already, and in the Groovy ecosystem, the community is a notion
   larger than the language itself.
 
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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Guillaume Laforge
We've only seen positive messages from the community at large about the
move, all supporting and praising the decision, in various forms, whether
on our mailing-lists, or twitter, etc.
So the community is already aware of it and supports this move.

On Thu, Mar 26, 2015 at 2:15 PM, Martijn Dashorst 
martijn.dasho...@gmail.com wrote:

 Would the discussion on the dev@groovy list be enough 'evidence' for
 the intent of the community to move to Apache?

 Then it would possible be sufficient to archive those messages for
 posterity (but I'm no lawyer)

 Martijn


 On Thu, Mar 26, 2015 at 2:06 PM, Guillaume Laforge glafo...@gmail.com
 wrote:
  So ultimately, what do we do?
  Do I (current Groovy project lead, thus project representative) need to
  sign something on behalf of the Groovy community or something like
 that?
  Or we just skip this step altogether since that's the community's
 intention
  as a whole?
 
  On Thu, Mar 26, 2015 at 1:59 PM, Benson Margulies bimargul...@gmail.com
 
  wrote:
 
  If a single legal entity has the copyright, the entity makes a grant.
  If the code was built by a large community under the apache license,
  there's no one to make a grant. 'The community' expressing its desire
  to move to Apache is enough. This is an edge case of the principle
  that we only accept code when the copyright owner has a positive
  intent to contribute it; there's no way to test that for everyone who
  ever made a 2-line patch. Reference Subversion, I think.
 
 
  On Thu, Mar 26, 2015 at 8:40 AM, Cédric Champeau
  cedric.champ...@gmail.com wrote:
   In the case of groovy, does Pivotal own it or does someone else own
 it?
  
   Nobody owns it.
  
 If
   I look at https://github.com/groovy/groovy-core/blob/master/NOTICE
 it
   indicates that an entity known as The Groovy community owns it, in
  which
   case the SGA should probably come from them, no?  Or is The Groovy
   community not a legal entity?
  
   The Groovy community is not a legal entity. A lot of people
 contributed
  to
   Groovy already, and in the Groovy ecosystem, the community is a notion
   larger than the language itself.
 
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  To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
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  --
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  Groovy Project Manager
 
  Blog: http://glaforge.appspot.com/
  Social: @glaforge http://twitter.com/glaforge / Google+
  https://plus.google.com/u/0/114130972232398734985/posts



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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Emmanuel Lécharny
I think we are going a bit too far here.

Groovy has been under the AL 2.0 license since it moves from BSD (back
in 2003). AL 2.0 says :

 Subject to the terms and conditions of this License, each Contributor
hereby grants to You 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 the Work and such Derivative Works in Source or Object form.

My understanding is that any groovy contributor, including the 5 initial
commiters, can grant the existing code base to The ASF, per the AL 2.0
license.

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Guillaume Laforge
So ultimately, what do we do?
Do I (current Groovy project lead, thus project representative) need to
sign something on behalf of the Groovy community or something like that?
Or we just skip this step altogether since that's the community's intention
as a whole?

On Thu, Mar 26, 2015 at 1:59 PM, Benson Margulies bimargul...@gmail.com
wrote:

 If a single legal entity has the copyright, the entity makes a grant.
 If the code was built by a large community under the apache license,
 there's no one to make a grant. 'The community' expressing its desire
 to move to Apache is enough. This is an edge case of the principle
 that we only accept code when the copyright owner has a positive
 intent to contribute it; there's no way to test that for everyone who
 ever made a 2-line patch. Reference Subversion, I think.


 On Thu, Mar 26, 2015 at 8:40 AM, Cédric Champeau
 cedric.champ...@gmail.com wrote:
  In the case of groovy, does Pivotal own it or does someone else own it?
 
  Nobody owns it.
 
If
  I look at https://github.com/groovy/groovy-core/blob/master/NOTICE it
  indicates that an entity known as The Groovy community owns it, in
 which
  case the SGA should probably come from them, no?  Or is The Groovy
  community not a legal entity?
 
  The Groovy community is not a legal entity. A lot of people contributed
 to
  Groovy already, and in the Groovy ecosystem, the community is a notion
  larger than the language itself.

 -
 To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
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-- 
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Groovy Project Manager

Blog: http://glaforge.appspot.com/
Social: @glaforge http://twitter.com/glaforge / Google+
https://plus.google.com/u/0/114130972232398734985/posts


Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Bertrand Delacretaz
Hi,

On Thu, Mar 26, 2015 at 12:58 PM, James Carman
ja...@carmanconsulting.com wrote:
 ...It would be good to have at least some codified guidelines
 somewhere on a wiki page or something that will help newly-incubating
 projects in similar situations

My view is that

-All committers need an iCLA
-Software that comes from outside the ASF needs to come with a software grant
-cCLA is between people and their employers, the ASF only stores them

Is there more to it?

-Bertrand

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Benson Margulies
If a single legal entity has the copyright, the entity makes a grant.
If the code was built by a large community under the apache license,
there's no one to make a grant. 'The community' expressing its desire
to move to Apache is enough. This is an edge case of the principle
that we only accept code when the copyright owner has a positive
intent to contribute it; there's no way to test that for everyone who
ever made a 2-line patch. Reference Subversion, I think.


On Thu, Mar 26, 2015 at 8:40 AM, Cédric Champeau
cedric.champ...@gmail.com wrote:
 In the case of groovy, does Pivotal own it or does someone else own it?

 Nobody owns it.

   If
 I look at https://github.com/groovy/groovy-core/blob/master/NOTICE it
 indicates that an entity known as The Groovy community owns it, in which
 case the SGA should probably come from them, no?  Or is The Groovy
 community not a legal entity?

 The Groovy community is not a legal entity. A lot of people contributed to
 Groovy already, and in the Groovy ecosystem, the community is a notion
 larger than the language itself.

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread James Carman
On Thu, Mar 26, 2015 at 8:22 AM, Bertrand Delacretaz
bdelacre...@apache.org wrote:
 My view is that

 -All committers need an iCLA

I think that we can agree upon and nobody is refuting that.

 -Software that comes from outside the ASF needs to come with a software grant

This is the sticking point.  How many grants do we need?  Who files
them?  Can one person file one and say I am speaking on behalf of the
entire team?

 -cCLA is between people and their employers, the ASF only stores them

Again, I don't think this is under review either.  Perhaps I should
have not included them in the title, but the guidelines I'm asking for
need to include all of these documents.

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread John D. Ament
On Thu, Mar 26, 2015 at 7:59 AM James Carman ja...@carmanconsulting.com
wrote:

 Let's continue here.  It seems there is some confusion around this
 particular subject, because I don't know that we really reached a
 point where we said this is what we're SUPPOSED to do in this
 situation with TinkerPop.  We just did what we thought was best at
 the time.  It would be good to have at least some codified guidelines
 somewhere on a wiki page or something that will help newly-incubating
 projects in similar situations.  Since I do some assistance with
 secretary@, I don't mind helping with the documentation.  I will be
 one of the main ones interested in said guidelines. :)


Umm, I'm actually surprised to hear this.  i think the IP Clearance page on
the incubator is clear enough with regard to how to proceed, in addition to
the general Incubation policy.  Finally the initial code dump should be
referenced as well.

http://incubator.apache.org/ip-clearance/
http://incubator.apache.org/incubation/Incubation_Policy.html
http://incubator.apache.org/guides/mentor.html#initial-import-code-dump

In the case of groovy, does Pivotal own it or does someone else own it?  If
I look at https://github.com/groovy/groovy-core/blob/master/NOTICE it
indicates that an entity known as The Groovy community owns it, in which
case the SGA should probably come from them, no?  Or is The Groovy
community not a legal entity?

John



 On Thu, Mar 26, 2015 at 7:54 AM, James Carman
 ja...@carmanconsulting.com wrote:
  Emmanuel,
 
  I apologize for hijacking your thread.  Let me part (and create a new
  thread) by saying Welcome, Groovy!
 
  James
 
  On Thu, Mar 26, 2015 at 7:45 AM, James Carman
  ja...@carmanconsulting.com wrote:
  Bertrand,
 
  It took me a second, but I think I found some threads of interest:
 
  https://mail-search.apache.org/members/private-arch/board/201502.mbox/%
 3CCABD8fLVxK8jRT-Rdut9xC2RnHmQ4v9yywe4owNf=98ghdyk...@mail.gmail.com%3E
  https://mail-search.apache.org/members/private-arch/
 operations/201501.mbox/%3CC149FC5F-04FF-41EC-B741-
 f7958357a...@oracle.com%3E
  http://mail-archives.apache.org/mod_mbox/incubator-
 general/201501.mbox/%3CCALhtWke4LnWMv1zf8cy3GP3prp-
 r91WAEe2xi_FAuS=olmh...@mail.gmail.com%3E
 
  As you can see, we (by that I probably mean me) caused somewhat of a
  dust-up wrt TinkerPop's grant to the ASF.
 
  James
 
 
  On Thu, Mar 26, 2015 at 7:10 AM, Bertrand Delacretaz
  bdelacre...@apache.org wrote:
  On Thu, Mar 26, 2015 at 12:03 PM, James Carman
  ja...@carmanconsulting.com wrote:
  We need to make sure we get these guidelines nailed down, because
 that is
  not the advice we got when doing Tinker pop
 
  Do you have archive links to the relevant discussions?
 
  -Bertrand
 
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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Cédric Champeau
 In the case of groovy, does Pivotal own it or does someone else own it?

Nobody owns it.

   If
 I look at https://github.com/groovy/groovy-core/blob/master/NOTICE it
 indicates that an entity known as The Groovy community owns it, in which
 case the SGA should probably come from them, no?  Or is The Groovy
 community not a legal entity?

 The Groovy community is not a legal entity. A lot of people contributed to
Groovy already, and in the Groovy ecosystem, the community is a notion
larger than the language itself.


Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Martijn Dashorst
Would the discussion on the dev@groovy list be enough 'evidence' for
the intent of the community to move to Apache?

Then it would possible be sufficient to archive those messages for
posterity (but I'm no lawyer)

Martijn


On Thu, Mar 26, 2015 at 2:06 PM, Guillaume Laforge glafo...@gmail.com wrote:
 So ultimately, what do we do?
 Do I (current Groovy project lead, thus project representative) need to
 sign something on behalf of the Groovy community or something like that?
 Or we just skip this step altogether since that's the community's intention
 as a whole?

 On Thu, Mar 26, 2015 at 1:59 PM, Benson Margulies bimargul...@gmail.com
 wrote:

 If a single legal entity has the copyright, the entity makes a grant.
 If the code was built by a large community under the apache license,
 there's no one to make a grant. 'The community' expressing its desire
 to move to Apache is enough. This is an edge case of the principle
 that we only accept code when the copyright owner has a positive
 intent to contribute it; there's no way to test that for everyone who
 ever made a 2-line patch. Reference Subversion, I think.


 On Thu, Mar 26, 2015 at 8:40 AM, Cédric Champeau
 cedric.champ...@gmail.com wrote:
  In the case of groovy, does Pivotal own it or does someone else own it?
 
  Nobody owns it.
 
If
  I look at https://github.com/groovy/groovy-core/blob/master/NOTICE it
  indicates that an entity known as The Groovy community owns it, in
 which
  case the SGA should probably come from them, no?  Or is The Groovy
  community not a legal entity?
 
  The Groovy community is not a legal entity. A lot of people contributed
 to
  Groovy already, and in the Groovy ecosystem, the community is a notion
  larger than the language itself.

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




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 Groovy Project Manager

 Blog: http://glaforge.appspot.com/
 Social: @glaforge http://twitter.com/glaforge / Google+
 https://plus.google.com/u/0/114130972232398734985/posts



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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread David Nalley
On Thu, Mar 26, 2015 at 11:18 AM, Roman Shaposhnik ro...@shaposhnik.org wrote:
 On Thu, Mar 26, 2015 at 7:51 AM, Marvin Humphrey mar...@rectangular.com 
 wrote:
 In contrast, from a legal standpoint, a signed Software Grant doesn't change
 much when the codebase is already under the ALv2.  (Quite possibly it has 
 zero
 effect but I'd need to ask a lawyer about the text of the Software Grant
 form to confirm that.)

 That has always been my understanding as well. That said, while not blocking
 Groovy entrance into the incubator, is there any way we can get an official
 blessing from somebody on legal@ and document this edge case?


Hasn't VP Legal already answered this question; in this thread? How
much more official do you expect to get?

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Bertrand Delacretaz
On Thu, Mar 26, 2015 at 5:42 PM, P. Taylor Goetz ptgo...@gmail.com wrote:
 ...what are the best practices to follow when creating a new project, outside
 the ASF, with the goal of eventually contributing that work to an existing
 ASF project?...

Following as much of our maturity model [1] as possible helps - in
this case I think footnote 5 is particularly relevant:

In Apache projects, the ASF owns the copyright for the collective
work, i.e. the project's releases. Contributors retain copyright on
their contributions but grant the ASF a perpetual copyright license
for them. (5) 

Similarly, the owner of an external project should make sure it owns
sufficient rights on its contributions to sign our Software Grant.

Which also means that the owner must be clearly defined.

-Bertrand

[1] https://community.apache.org/apache-way/apache-project-maturity-model.html

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Roman Shaposhnik
On Thu, Mar 26, 2015 at 9:03 AM, David Nalley da...@gnsa.us wrote:
 On Thu, Mar 26, 2015 at 11:18 AM, Roman Shaposhnik ro...@shaposhnik.org 
 wrote:
 On Thu, Mar 26, 2015 at 7:51 AM, Marvin Humphrey mar...@rectangular.com 
 wrote:
 In contrast, from a legal standpoint, a signed Software Grant doesn't change
 much when the codebase is already under the ALv2.  (Quite possibly it has 
 zero
 effect but I'd need to ask a lawyer about the text of the Software Grant
 form to confirm that.)

 That has always been my understanding as well. That said, while not blocking
 Groovy entrance into the incubator, is there any way we can get an official
 blessing from somebody on legal@ and document this edge case?


 Hasn't VP Legal already answered this question; in this thread? How
 much more official do you expect to get?

Sorry if I missed it. Could you please provide an URL (if for nothing else,
just for a future reference).

Thanks,
Roman.

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Alex Harui
IANAL, but this is what I learned when prepping code donations:

1) Every line of code is owned by some entity (a person or other legal
entity)
2) The person who owned it (may be different from the person who wrote it)
and added it to the collection of code did so under some terms.
3) If those terms do not explicitly allow for perpetual licensing under
AL, then permission must be given by the code owner for perpetual
licensing under AL.  The SGA is the official form to document that
permission.  If it were me, I’d accept emails and JIRAs from individual
owners as well.

So, if you start up something on GH, I’d make sure each contribution comes
with documented permission in a similar way to how the ASF does it now:
ICLAs and assumed permission from patch authors in the bug tracker.

In an “open-source code base I prepped for donation, external
contributors had to sign a very different ICLA giving up their rights to
the $Corp that controlled the code.  Then $Corp could donate it via SGA
(the code was under MPL).

For Groovy, I agree with those that say the SGA doesn’t really add much,
although I suppose you could fret about whether everyone who had
contributed code by the time of the switch from BSD to AL authorized it
via their contributor agreement or some other way.  I’d go with whatever
is easier: allowing an exception to having an SGA at all, or picking some
person or set of people to sign one.

-Alex

On 3/26/15, 9:42 AM, P. Taylor Goetz ptgo...@gmail.com wrote:

This seems like an appropriate thread to raise a question that’s been in
the back of my head for a while…

If a new project is created on github (or elsewhere — i.e. outside of the
ASF), but with the intention that it would be contributed to an existing
ASF project (ALv2 license from day 1), would a Software Grant and/or IP
clearance be required?

Put another way, what are the best practices to follow when creating a
new project, outside the ASF, with the goal of eventually contributing
that work to an existing ASF project?

The documentation for the IP clearance template [1] states:

Any code that was developed outside of the ASF SVN repository must be
processed like this, even if the external developer is an ASF committer.”

To me that sounds like any new module, or even a sufficiently large pull
request, requires IP clearance. If that’s the case, I would expect the
clearance document list [2] to be much longer than it is, and have more
ASF projects represented there, especially some of the faster growing
ones.

-Taylor

[1] http://incubator.apache.org/ip-clearance/ip-clearance-template.html
[2] http://incubator.apache.org/ip-clearance/index.html

On Mar 26, 2015, at 11:17 AM, James Carman ja...@carmanconsulting.com
wrote:

 On Thu, Mar 26, 2015 at 10:51 AM, Marvin Humphrey
 mar...@rectangular.com wrote:
 
 If you have a codebase which was not previously under the ALv2 -- say
it was
 either proprietary or available under a different open source license
-- then
 the Software Grant is hugely important from a legal standpoint.  You
have to
 get every last copyright owner to sign it, and if you can't get them
all on
 board you have a mess on your hands that will have to be dealt with.
 
 In contrast, from a legal standpoint, a signed Software Grant doesn't
change
 much when the codebase is already under the ALv2.  (Quite possibly it
has zero
 effect but I'd need to ask a lawyer about the text of the Software
Grant
 form to confirm that.)
 
 Separate from the legal aspect, we have a social tradition at Apache
of only
 accepting voluntary contributions.  This prevents social disharmony
if
 somebody doesn't want their contribution to go to a project hosted at
the ASF.
 
 For Groovy, I agree with Benson.  We already have sufficient informal
evidence
 that the Groovy community at large has granted social approval for the
move to
 Apache.  The software grant does not change much about the legal
status of the
 codebase.  Let's not get hung up on who has to sign it.
 
 
 Right, but this thread (renamed) isn't about Groovy.  What I was
 trying to do is tease out more information about these sorts of
 situations, so that we can maybe put together some clear
 documentation.  If that documentation says when this situation comes
 up, please ask for help as they need to be evaluated on a case-by-case
 basis, then that's fine.  If this were cut and dry, we probably
 wouldn't be 18 messages deep into this thread.
 
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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Bertrand Delacretaz
On Thu, Mar 26, 2015 at 5:26 PM, Roman Shaposhnik ro...@shaposhnik.org wrote:
 ...Could you please provide an URL (if for nothing else,
 just for a future reference).

Here:

On Thu, Mar 26, 2015 at 3:19 PM, Jim Jagielski j...@jagunet.com wrote:
 ...For Groovy, it is sufficient for G to sign on behalf of the
 Groovy Core Team. If we could get the initial committers (who
 ARE the Core team) to also sign, that would be even better...

-Bertrand

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Roman Shaposhnik
On Thu, Mar 26, 2015 at 9:30 AM, Bertrand Delacretaz
bdelacre...@apache.org wrote:
 On Thu, Mar 26, 2015 at 5:26 PM, Roman Shaposhnik ro...@shaposhnik.org 
 wrote:
 ...Could you please provide an URL (if for nothing else,
 just for a future reference).

 Here:

 On Thu, Mar 26, 2015 at 3:19 PM, Jim Jagielski j...@jagunet.com wrote:
 ...For Groovy, it is sufficient for G to sign on behalf of the
 Groovy Core Team. If we could get the initial committers (who
 ARE the Core team) to also sign, that would be even better...

As I said, this is perfect for Groovy. We can move forward on-boarding
the project. What I was looking for is a more general statement along the
lines of what Benson has provided earlier on this thread, but coming
from a VP of legal. This is for the purposes of documenting it for future
projects coming to ASF.

Thanks,
Roman.

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread P. Taylor Goetz
This seems like an appropriate thread to raise a question that’s been in the 
back of my head for a while…

If a new project is created on github (or elsewhere — i.e. outside of the ASF), 
but with the intention that it would be contributed to an existing ASF project 
(ALv2 license from day 1), would a Software Grant and/or IP clearance be 
required?

Put another way, what are the best practices to follow when creating a new 
project, outside the ASF, with the goal of eventually contributing that work to 
an existing ASF project?

The documentation for the IP clearance template [1] states:

Any code that was developed outside of the ASF SVN repository must be 
processed like this, even if the external developer is an ASF committer.”

To me that sounds like any new module, or even a sufficiently large pull 
request, requires IP clearance. If that’s the case, I would expect the 
clearance document list [2] to be much longer than it is, and have more ASF 
projects represented there, especially some of the faster growing ones.

-Taylor

[1] http://incubator.apache.org/ip-clearance/ip-clearance-template.html
[2] http://incubator.apache.org/ip-clearance/index.html

On Mar 26, 2015, at 11:17 AM, James Carman ja...@carmanconsulting.com wrote:

 On Thu, Mar 26, 2015 at 10:51 AM, Marvin Humphrey
 mar...@rectangular.com wrote:
 
 If you have a codebase which was not previously under the ALv2 -- say it was
 either proprietary or available under a different open source license -- then
 the Software Grant is hugely important from a legal standpoint.  You have to
 get every last copyright owner to sign it, and if you can't get them all on
 board you have a mess on your hands that will have to be dealt with.
 
 In contrast, from a legal standpoint, a signed Software Grant doesn't change
 much when the codebase is already under the ALv2.  (Quite possibly it has 
 zero
 effect but I'd need to ask a lawyer about the text of the Software Grant
 form to confirm that.)
 
 Separate from the legal aspect, we have a social tradition at Apache of only
 accepting voluntary contributions.  This prevents social disharmony if
 somebody doesn't want their contribution to go to a project hosted at the 
 ASF.
 
 For Groovy, I agree with Benson.  We already have sufficient informal 
 evidence
 that the Groovy community at large has granted social approval for the move 
 to
 Apache.  The software grant does not change much about the legal status of 
 the
 codebase.  Let's not get hung up on who has to sign it.
 
 
 Right, but this thread (renamed) isn't about Groovy.  What I was
 trying to do is tease out more information about these sorts of
 situations, so that we can maybe put together some clear
 documentation.  If that documentation says when this situation comes
 up, please ask for help as they need to be evaluated on a case-by-case
 basis, then that's fine.  If this were cut and dry, we probably
 wouldn't be 18 messages deep into this thread.
 
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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread jonathon
On 26/03/15 16:36, Roman Shaposhnik wrote:

 the project. What I was looking for is a more general statement along the
 lines of what Benson has provided earlier on this thread, but coming
 from a VP of legal. This is for the purposes of documenting it for future
 projects coming to ASF.

From where I'm sitting, I think that the best legal can do is say: For
Groovy, a general signoff on behalf of the Groovy Community is
sufficient, but the ideal is for the major contributors to Groovy, and
the initial committers to the Apache project, and the Groovy Core Team,
and any other stake holders to also signoff on the transfer.

Groovy has used AL 2.0 since 2003. That means a decade of code that is
AL 2.0 licensed. A license that more or less allows The Apache
Foundation to foster the code, regardless of the committers preferences.
(The Apache Way considers the committer's preferences to be primary, but
even in an adversarial situation, The Apache Foundation would not be in
breach of the license.)

That scenario is a whole different ball game from a project that had no
legal organizational structure ^1 and had changed the license from GPL
3.0 to AL 2.0 less than six months before the project applied to The
Apache Foundation as an incubator project.

Both of those are different from an organization that had a legal
structure, and changed the license from GPL 3.0 to AL 2.0 less than one
month before the project applied to The Apache Foundation as an
incubator project.

In terms of documenting things for future projects coming to ASF, then
what is needed is:
# Specific project.
@ What license it was under prior to applying for incubation:
% How long it had used that license for;
% Previous licenses that the code was distributed under;
@ How the project was governed:
% Legal organizational structure, if any;
% Informal structure;
@ Source Code:
% How it was contributed;
% How it was merged into the project;
% Formal requirements, prior to accepting code;
% Informal requirements, prior to accepting code;
% How code becomes orphaned;
% How contributed code is rejected;
% How contributed code is accepted;
@ What combination of ICLA, CCLA, and SGA was used:
% Formal statements from Legal about the specific transfer;
% informal statements from Legal about the specific transfer;

I've probably missed a couple of important datapoints.


I am not a lawyer. This is not legal advice.

^1:  By legal organizational structure, I mean an organization that
has no paperwork saying it is incorporated. Government issued paperwork
that says Unincorporated Non-Profit Organization, is a legal
organizational structure, albeit rare, and poorly understood.

jonathon




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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Guillaume Laforge
So, in summary, can we all agree that I (Groovy projet lead /
representative) can fill in the form, and say on behalf of the Groovy
community, I grant the rights to the ASF?

On Thu, Mar 26, 2015 at 2:31 PM, Emmanuel Lécharny elecha...@gmail.com
wrote:

 I think we are going a bit too far here.

 Groovy has been under the AL 2.0 license since it moves from BSD (back
 in 2003). AL 2.0 says :

  Subject to the terms and conditions of this License, each Contributor
 hereby grants to You 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 the Work and such Derivative Works in Source or Object form.

 My understanding is that any groovy contributor, including the 5 initial
 commiters, can grant the existing code base to The ASF, per the AL 2.0
 license.

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-- 
Guillaume Laforge
Groovy Project Manager

Blog: http://glaforge.appspot.com/
Social: @glaforge http://twitter.com/glaforge / Google+
https://plus.google.com/u/0/114130972232398734985/posts


Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread James Carman
I really have no opinion on the matter (IANAL).  I'm just a virtual
paper pusher, but I did want to have a clear understanding of the
requirements so that when folks ask us on secretary@, we can guide
them to the right place or give them the right advice.

On Thu, Mar 26, 2015 at 9:43 AM, Guillaume Laforge glafo...@gmail.com wrote:
 So, in summary, can we all agree that I (Groovy projet lead /
 representative) can fill in the form, and say on behalf of the Groovy
 community, I grant the rights to the ASF?

 On Thu, Mar 26, 2015 at 2:31 PM, Emmanuel Lécharny elecha...@gmail.com
 wrote:

 I think we are going a bit too far here.

 Groovy has been under the AL 2.0 license since it moves from BSD (back
 in 2003). AL 2.0 says :

  Subject to the terms and conditions of this License, each Contributor
 hereby grants to You 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 the Work and such Derivative Works in Source or Object form.

 My understanding is that any groovy contributor, including the 5 initial
 commiters, can grant the existing code base to The ASF, per the AL 2.0
 license.

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 --
 Guillaume Laforge
 Groovy Project Manager

 Blog: http://glaforge.appspot.com/
 Social: @glaforge http://twitter.com/glaforge / Google+
 https://plus.google.com/u/0/114130972232398734985/posts

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Emmanuel Lécharny
Le 26/03/15 14:43, Guillaume Laforge a écrit :
 So, in summary, can we all agree that I (Groovy projet lead /
 representative) can fill in the form, and say on behalf of the Groovy
 community, I grant the rights to the ASF?

Jim said Just do it !...

Let's discuss about the legal aspect there, but I'd like such a
discussion to be disconnected from the Groovy incubation.

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Emmanuel Lécharny
Le 26/03/15 15:11, Upayavira a écrit :

 On Thu, Mar 26, 2015, at 01:31 PM, Emmanuel Lécharny wrote:
 I think we are going a bit too far here.

 Groovy has been under the AL 2.0 license since it moves from BSD (back
 in 2003). AL 2.0 says :

  Subject to the terms and conditions of this License, each Contributor
 hereby grants to You 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 the Work and such Derivative Works in Source or Object form.

 My understanding is that any groovy contributor, including the 5 initial
 commiters, can grant the existing code base to The ASF, per the AL 2.0
 license.
 My IANAL take:

 Almost, but not quite :-) No granting is required. The AL2.0 is a
 license that allows the ASF to do with it what it wants to do.

 Only the owner of the code can “grant” additional privileges. As we’ve
 noted, that’s an unclear thing. No-one has the right to speak on behalf
 of the many contributors to the original codebase without asking their
 permission first. Fortunately, we don’t need to do that :-) We can just
 import the code.

That's my understanding too. But a grant is required for incubation...


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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Jim Jagielski
There is no official, legal entity which can make the actual
transfer. When we created the ASF, out of the Apache Group, all
members of the Apache Group signed the xfer which amounted to
the SGA at the time.

For Groovy, it is sufficient for G to sign on behalf of the
Groovy Core Team. If we could get the initial committers (who
ARE the Core team) to also sign, that would be even better.

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Marvin Humphrey
On Thu, Mar 26, 2015 at 7:22 AM, James Carman
ja...@carmanconsulting.com wrote:
 And that covers us from a legal standpoint?  Is there anything
 special' about this situation that makes this appropriate?

If you have a codebase which was not previously under the ALv2 -- say it was
either proprietary or available under a different open source license -- then
the Software Grant is hugely important from a legal standpoint.  You have to
get every last copyright owner to sign it, and if you can't get them all on
board you have a mess on your hands that will have to be dealt with.

In contrast, from a legal standpoint, a signed Software Grant doesn't change
much when the codebase is already under the ALv2.  (Quite possibly it has zero
effect but I'd need to ask a lawyer about the text of the Software Grant
form to confirm that.)

Separate from the legal aspect, we have a social tradition at Apache of only
accepting voluntary contributions.  This prevents social disharmony if
somebody doesn't want their contribution to go to a project hosted at the ASF.

For Groovy, I agree with Benson.  We already have sufficient informal evidence
that the Groovy community at large has granted social approval for the move to
Apache.  The software grant does not change much about the legal status of the
codebase.  Let's not get hung up on who has to sign it.

Marvin Humphrey

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Roman Shaposhnik
On Thu, Mar 26, 2015 at 7:51 AM, Marvin Humphrey mar...@rectangular.com wrote:
 In contrast, from a legal standpoint, a signed Software Grant doesn't change
 much when the codebase is already under the ALv2.  (Quite possibly it has zero
 effect but I'd need to ask a lawyer about the text of the Software Grant
 form to confirm that.)

That has always been my understanding as well. That said, while not blocking
Groovy entrance into the incubator, is there any way we can get an official
blessing from somebody on legal@ and document this edge case?

 For Groovy, I agree with Benson.  We already have sufficient informal evidence
 that the Groovy community at large has granted social approval for the move to
 Apache.  The software grant does not change much about the legal status of the
 codebase.  Let's not get hung up on who has to sign it.

+1 to this. It feels to me we have a consensus here for Groovy to proceed.

Thanks,
Roman.

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Upayavira


On Thu, Mar 26, 2015, at 01:31 PM, Emmanuel Lécharny wrote:
 I think we are going a bit too far here.
 
 Groovy has been under the AL 2.0 license since it moves from BSD (back
 in 2003). AL 2.0 says :
 
  Subject to the terms and conditions of this License, each Contributor
 hereby grants to You 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 the Work and such Derivative Works in Source or Object form.
 
 My understanding is that any groovy contributor, including the 5 initial
 commiters, can grant the existing code base to The ASF, per the AL 2.0
 license.

My IANAL take:

Almost, but not quite :-) No granting is required. The AL2.0 is a
license that allows the ASF to do with it what it wants to do.

Only the owner of the code can “grant” additional privileges. As we’ve
noted, that’s an unclear thing. No-one has the right to speak on behalf
of the many contributors to the original codebase without asking their
permission first. Fortunately, we don’t need to do that :-) We can just
import the code.

Upayavira

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread James Carman
And that covers us from a legal standpoint?  Is there anything
special' about this situation that makes this appropriate?

On Thu, Mar 26, 2015 at 10:19 AM, Jim Jagielski j...@jagunet.com wrote:
 There is no official, legal entity which can make the actual
 transfer. When we created the ASF, out of the Apache Group, all
 members of the Apache Group signed the xfer which amounted to
 the SGA at the time.

 For Groovy, it is sufficient for G to sign on behalf of the
 Groovy Core Team. If we could get the initial committers (who
 ARE the Core team) to also sign, that would be even better.

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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread Benson Margulies
On Thu, Mar 26, 2015 at 10:22 AM, James Carman
ja...@carmanconsulting.com wrote:
 And that covers us from a legal standpoint?  Is there anything
 special' about this situation that makes this appropriate?

There is nothing legal to cover here. Since all the code is AL 2.0,
legally, we are fine. The grant is (a) a bit of a belt atop the
suspenders, and (b) a nod to our 'cultural' desire to see an intention
for code to flow into the foundation in addition to the legal right.




 On Thu, Mar 26, 2015 at 10:19 AM, Jim Jagielski j...@jagunet.com wrote:
 There is no official, legal entity which can make the actual
 transfer. When we created the ASF, out of the Apache Group, all
 members of the Apache Group signed the xfer which amounted to
 the SGA at the time.

 For Groovy, it is sufficient for G to sign on behalf of the
 Groovy Core Team. If we could get the initial committers (who
 ARE the Core team) to also sign, that would be even better.

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


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Re: ICLA/CCLA/SGA guidelines for GitHub or multi-entity projects was: [Groovy] Next steps...

2015-03-26 Thread James Carman
On Thu, Mar 26, 2015 at 10:51 AM, Marvin Humphrey
mar...@rectangular.com wrote:

 If you have a codebase which was not previously under the ALv2 -- say it was
 either proprietary or available under a different open source license -- then
 the Software Grant is hugely important from a legal standpoint.  You have to
 get every last copyright owner to sign it, and if you can't get them all on
 board you have a mess on your hands that will have to be dealt with.

 In contrast, from a legal standpoint, a signed Software Grant doesn't change
 much when the codebase is already under the ALv2.  (Quite possibly it has zero
 effect but I'd need to ask a lawyer about the text of the Software Grant
 form to confirm that.)

 Separate from the legal aspect, we have a social tradition at Apache of only
 accepting voluntary contributions.  This prevents social disharmony if
 somebody doesn't want their contribution to go to a project hosted at the ASF.

 For Groovy, I agree with Benson.  We already have sufficient informal evidence
 that the Groovy community at large has granted social approval for the move to
 Apache.  The software grant does not change much about the legal status of the
 codebase.  Let's not get hung up on who has to sign it.


Right, but this thread (renamed) isn't about Groovy.  What I was
trying to do is tease out more information about these sorts of
situations, so that we can maybe put together some clear
documentation.  If that documentation says when this situation comes
up, please ask for help as they need to be evaluated on a case-by-case
basis, then that's fine.  If this were cut and dry, we probably
wouldn't be 18 messages deep into this thread.

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