I did some polling of the community and it seems like a CVE to indicate
that a project is no longer supported would be appreciated and appropriate.

-
https://twitter.com/jlleitschuh/status/1503422152028078082?s=21&t=K6iRHZ4asuBTyDf7JlQI4A
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https://www.linkedin.com/posts/jonathan-leitschuh-94553661_log4shell-security-software-activity-6911695338818969600-iRnU?utm_source=linkedin_share&utm_medium=ios_app

This could be done under "CWE-1104: Use of Unmaintained Third Party
Components (4.6)"

Cheers,
Jonathan Leitschuh


On Sun, Apr 10, 2022 at 12:35 PM Mark Thomas <[email protected]> wrote:

> On 10/04/2022 17:08, Dirk-Willem van Gulik wrote:
> >
> > On 10 Apr 2022, at 18:02, Mark Thomas <[email protected]> wrote:
> >> On 07/04/2022 16:07, Dirk-Willem van Gulik wrote:
> >>
> >> <snip/>
> >>
> >>> And finally - that we offer a non-exclusive license to the name (but
> without the apache prefix), trademark and full provenance/code history; to
> any party that wants to take over; provided they abide by the Apache
> license.
> >>
> >> With my VP Brand hat on: -1
> >>
> >> There are various reasons why a project enters the attic. Whether to
> allow the name to be used is a decision that needs to be taken on a case by
> case basis. It isn't a situation where a general rule can be applied.
> >
> > Just to clarify/understand - you are also concerned about this from a
> brand perspective if the apache prefix (e.g. Apache FooBar) is removed as
> per the original proposal. So it is the ability to call it ‘FooBar’ ?
>
> Yes.
>
> > You would also be against licensing that (so it is not a transfer) on a
> non exclusive basis - perhaps with the insistence that they prefix it with
> something like; like ‘CivicFoundation FooBar’ ?
>
> Yes.
>
> I am against any general rule that says "We will always do XXX with the
> trademarks associated with a project that is moved to the attic.".
>
> This doesn't happen anywhere near often enough to expend the effort
> documenting a policy that covers a reasonable majority of the use cases.
>
> To date, the less than a handful of instances where this has happened
> have each been sufficiently different there is not sufficient data from
> which to extract some typical cases that we can address with a policy.
>
> I am happy to continue to look at requests on a case by case basis.
>
> >> <snip/>
> >>
> >>> With the option; e.g. after 1 or 2 years; for that new community to
> petition the board for the actual trademarks, domain names and what not.
> >>
> >> Again: -1
> >>
> >> We can't do this. At least not with out an awful lot of expensive legal
> hoop jumping. Trademarks are an asset. As a US charity it is legally
> complex to transfer one of our assets to another entity.
> >
> > Right - but the expenses I am not too concerned about - they can be
> covered by the receiving party - in the rare cases that we’d want such an
> exclusive transfer as opposed to the non-exclusive just ‘license’ case
> above.
>
> That depends on whether the receiving entity can afford the associated
> costs. In the few instances where the project name has continued in some
> form outside of the ASF, it is highly unlikely the associated entity
> could have afforded the associated legal fees had a trademark transfer
> been an option.
>
> >> We have had situations like this in the past. My aim as VP Brand is
> always to try and do whatever is in the best interest of the project
> community whether that community wants its home to be at the ASF or outside
> it.
> >
> > Right - but the issue is that we’ve lost the (nexus) of the community at
> the ASF - and there is some group of people outside it that wants to
> continue & build a new one — perhaps with different governance.
>
> Yes, this has happened before and - where appropriate - we have figured
> out a way for the name to continue to be used outside of the ASF.
>
> > As it is the latter that may likely be needed in the sort of cases where
> the software has become too core to society - yet no longer of interest to
> volunteer maintainers labouring under ASF governance.
>
> That isn't an issue. Anyone can always fork an ASF project. Whether they
> can use the name will depend on the circumstances and is something that
> we will continue to look at on a case by case basis.
>
> Mark
>
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Jonathan Leitschuh
OSS Security Researcher
Dan Kaminsky Fellowship @ Human Security
GitHub Star <https://stars.github.com/profiles/jlleitschuh/>
Twitter - JLLeitschuh <https://twitter.com/JLLeitschuh>

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