There is an interesting discussion that has been going on for the last
week on the incubator general mailing list:
http://www.nabble.com/-Vote--Incubating-Project-Policy-tf3158407.html
regarding this and similar topics.

#2 I believe was clarified by Robert Burrell Donkin in
http://tinyurl.com/yqsvdd
I believe David's "almost any case" scenario is speaking specifically
of contributions by committers, not of contributions by noncommitters
as I had understood it when I replied.  Please let me know if I've
misinterpreted Robert's message. I wanted to clarify that for everyone
instead of leaving the question open-ended like it is.


--- Chris Howe <[EMAIL PROTECTED]> wrote:

> http://incubator.apache.org/ip-clearance/index.html 
> 
> makes it _almost clear to me. Two things remain cloudy to me (my
> original reading of that link assumed that did not apply to TLPs,
> thanks for clarifying Jacques!):
> 
> 1) What is the lowest common denominator of when contributions should
> be utilizing the incubator's IP Clearance procedures?  It would seem
> that many contributions already should have utilized such protocol
> (especially the additional notes section of that link for - multiple
> contributors, specifically).  If many OFBiz contributions have
> already
> utilized such, is this a process transparent to the community or is
> it
> more internal to the ASF?  Judging by the other links on that page,
> the
> former seems true.
> 
> 2)The bug scenario
> Since a non-committing contributor can have no reasonable expectation
> that his contribution will get put into the project, the only intent
> that he can show (through individual, joint work or otherwise) is
> that
> he wished his local copy to be free of that bug and that he wanted
> others, not specifically the ASF, to benefit from his exercise.  This
> would suggest the need for a greater use of the incubator's IP
> clearance procedures as nothing really qualifies as "created _for
> Apache OFBiz".
> 
> In any event, absent posing questions regarding these topics to legal
> discuss, I guess the only way my fears can be alleviated is by seeing
> the PMC more frequently (or more transparently if it is already
> frequent) using the incubator IP clearance procedures.  The rest can
> be
> left to the invisible hand of the open source market to balance the
> burdens of administrivia and the benefits of community cohesiveness.
> 
> --- "David E. Jones" <[EMAIL PROTECTED]> wrote:
> 
> > 
> > On Jan 28, 2007, at 11:46 PM, Jacques Le Roux wrote:
> > 
> > > Jonathon,
> > >
> > > Just one word to be sure you understand your responsability by  
> > > opening your "sandbox" to other users without contracts between
> you
> > > (hence creating a joint work as pointed out by Chris). You will  
> > > have to get through this procedure
> > > http://incubator.apache.org/ip-clearance/index.html
> > 
> > Not necessarily. It is up to the committers to review this, but the
>  
> > general guideline is to distinguish (as explained on that page and
> in
> >  
> > related documents) based on how and why it was developed.
> > 
> > For example, if someone fixes a bug in OFBiz in almost any case if
> it
> >  
> > is contributed back then the how and why is pretty clear. The
> amount 
> > 
> > of time that lapses between doing it an contributing it doesn't  
> > really matter.
> > 
> > > If you don't and don't tell us (commiters) you will be the sole  
> > > responsable because of our good faith (not knowing that it comes
> > not
> > > only from you).
> > 
> > This is a dangerous idea Jacques. It is the responsibility of all  
> > committers to make sure the source of the code is clear, especially
>  
> > where it may have been developed independently and not intended to
> go
> >  
> > into OFBiz but someone else took it and contributed it. Under no  
> > circumstances is it okay for that code to go into OFBiz, and it is 
> 
> > ultimately the responsibility of the PMC to take care of this, and 
> 
> > that responsibility is delegated to non-PMC committers (though PMC 
> 
> > members should still review commits and issues to check on this).
> > 
> > > This is only my opininon and not commiters's or PMC's or even  
> > > ASF's, of course.
> > 
> > Hopefully what I wrote clears this up a bit. Again, the documents
> on 
> > 
> > www.apache.org/dev clarify a lot of these issues.
> > 
> > -David
> > 
> > 
> > 
> 
> 

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