No, the ASF will not provide legal advice for this.  But have you
considered getting a 3rd person involved, and having a viable PMC instead?
--
Kevin A. McGrail
Member, Apache Software Foundation
Chair Emeritus Apache SpamAssassin Project
https://www.linkedin.com/in/kmcgrail - 703.798.0171


On Thu, Oct 22, 2020 at 4:22 PM Otto Fowler <ottobackwa...@gmail.com> wrote:

> Ok,
>
> I make sure we do our best to comply to the distributed works clauses.
> Would there be a way to have the result checked by Apache?
>
>
>
>
> On October 22, 2020 at 16:14:20, Mark Thomas (ma...@apache.org) wrote:
>
> Hi,
>
> Putting on my VP Brand Hat...
>
> On one level, forking is easy - just follow the terms of the ALv2. The
> TL;DR version is as Bertrand describes, copy the code, change the name,
> keep the NOTICE file (which credits the ASF) and job done.
>
> The above is an over simplification for most cases. For example, if the
> code is Java code then it really needs to move out of the org.apache
> namespace ASAP but that can create backwards compatibility issues.
>
> The possibility *may* exist where you can keep the name. i.e. if the
> code is "Apache Foo" you *might* be able to continue to call it "Foo"
> (there is no way you can continue to use "Apache Foo").
>
> If you are interested in exploring the possibility of continuing to use
> the "Foo" name, please drop an email to tradema...@apache.org with
> specific details of the (sub-)project we are talking about and we can
> see what the options are (everything is a case-by-case basis for this
> sort of thing).
>
> Mark
>
>
> On 22/10/2020 17:18, Bertrand Delacretaz wrote:
> > Hi,
> >
> > On Thu, Oct 22, 2020 at 6:08 PM Otto Fowler <ottobackwa...@gmail.com>
> wrote:
> >> ...I am on the PMC of an Apache project that looks like it is heading to
> the
> >> attic. We have a sub project that I and at least one other committer
> would
> >> like to fork out of Apache in order to continue development....
> >
> > One similar case that I remember is iBatis back in 2010, see [1] and
> > [2] - others might have more information, there's probably been other
> > cases among the projects listed at http://attic.apache.org/
> >
> > I think the key element is trademark, the ASF license allows forking
> > but project names belong to the ASF.
> >
> > -Bertrand
> >
> > [1]
>
> https://lists.apache.org/thread.html/ed0193921b211d8c1a6756859624b89445e46db8ffeaea14455e78f3%401274428444%40%3Cdev.ibatis.apache.org%3E
> >
> > [2] https://whimsy.apache.org/board/minutes/iBATIS.html
> >
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