Hi,

INAL but the copyright notice in the header is just a claim and may not reflect 
who actually has copyright. It doesn’t mean that that person or company owns 
the copyright on the entire file. With a company it’s usually easier as 
employment contracts say the company owns the copyright of works produced by 
their workers. With individuals it gets more complex as they may or may not own 
the copyright or may be unaware who does. (Worse case scenario see [1], where 
an employee was forced to implement an idea he had outside of work unpaid and 
had to pay costs)

Each person who made changes would own copyright (or for their company) 
automatically on their work. Especially in this case where I believe the 
project had no ICLAs or agreements in place with it contributors about 
copyright. If you a more qualified opinion please ask on legal-discuss.

We know this is currently an issue, so I would you just note that it is in the 
work in progress DISCLAIMER for the initial release, so that way people who use 
the release are aware of it. Given the licensing terms of the files it’s not an 
issue that would stop most people from using the software.

What Brennan and Adam are suggesting sounds like a good process to me. 
Identifying all of the contributors that don’t have ICLA is useful, it’s also 
good to has some ideas of the size of their contribution. For large 
contributions it would be best to get an ICLA from the individual, this may be 
a lot of work, and in some cases it may not be possible. That fine we can deal 
with that as needed and this shouldn’t hold up a release or graduation (as long 
as progress is being made) and can be done in parallel.

A release could have been made at any point in the last several months, the 
only barriers to not do so that are ones you are putting up for yourself. A 
release doesn’t have to be perfect, in fact it doesn’t even have to work as far 
as the ASF is concerned. A good goal to aim for it to make each release better 
than the last, and release frequently rather than trying to make a perfect 
release.

Thanks,
Justin

1. https://www.chicagotribune.com/news/ct-xpm-2002-08-05-0208050013-story.html

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