________________________________
From: Justin Mclean <[email protected]>
Sent: Tuesday, October 20, 2026 6:24 PM
To: [email protected] <[email protected]>
Subject: Re: Proposal: host vendor HAL repositories under github.com/NuttX

Hi,

A few points in this thread about ASF policy need correcting.

Thanks for the clarification about ownership.  I think I am the one who 
injected that word into the conversation.

A software grant (SGA) is a licence, not a transfer of ownership. Espressif 
would keep the copyright and could keep using and licensing the HAL however it 
likes. The ASF does not become the sole owner. From 
https://www.apache.org/licenses/: “In all cases, contributors retain full 
rights to use their original contributions for any other purpose outside of 
Apache while providing the ASF and its projects the right to distribute and 
build upon their work within Apache.”

Espressif’s CCLA is not enough on its own. It covers contributions from its 
listed employees, not an existing code base developed outside the ASF. Bringing 
esp-hal-3rdparty into an ASF repository needs a software grant from Espressif 
and IP clearance, see https://incubator.apache.org/ip-clearance/. The PMC does 
the paperwork and the Incubator approves it by lazy consensus. The PMC also 
needs to check the licences of any third-party code inside the HAL.

Would this set the Copyright holder to the ASF?  If so then would any version 
used by the vendor necessarily be a different version, no under the ASF 
repository, with a different copyright?

Or do you mean this would be 3rd part code retained in the NuttX repository 
under the vendor's license?

github.com/NuttX is not controlled by the ASF, so it is not “under our 
control”. Code the project maintains must be housed in ASF repositories, see 
https://infra.apache.org/project-repo-policy.html. That rules out NuttX 
committers maintaining vendor HALs there.

""Vendor HALs" being what?  A version of the HAL with vendor's copyright?  Or a 
version of the HAL maintained outside of the NuttX repository.

Greg

PS:  Its been awhile, I hope things have good with you.  I am glad to see you 
involved.  I will stop injecting misinformation.

Thanks,
Justin

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