J Aaron Farr wrote:
Let's say a group of developers bring an LGPL'd project to Apache called
JExample from jexample.sf.net.
Ok.
So they convert the license to ASL 2.0 and
go through all the other hoops but after six months or so, things have
stalled and it's apparent the project isn't ready for the ASF. Now what? Can they take the code and the name JExample and just return to
SourceForge?
With the code they owned before entering incubation they can do whatever the want at any point in time and with any project.
What about code that was contributed during Incubation?
They would have to obtain a license from the ASF to use that code, or, in alternative, a license from each invididual contributor. Since that license comes along with the files, if they like that license, they are set.
If they don't, they either have to have that code relicensed to them by each and every individual contributor or ask the ASF for licensing that code under another license (and that is very unlikely to happen, as Metro discussions showed).
Or switching back to the LGPL?
see above: they can do whatever they want with the code they own, including relicensing. But for code that others own, they need a license that allows them to put them under the LGPL. The ASF licenses code only under the apache license. So, if you want another license, you have to go to each contributor one by one and have that relicensed to you under terms that allow you to do the LGPL. Or, of course, rewrite those parts yourself.
What if it wasn't open source before?
Same thing, the terms of the new licensing scheme you are transitioning to don't matter.
I'm not sure if we have policies in place for this yet. If so, would someone please point them out?
I don't think the incubator has a policy/guideline for "failed incubation", but I agree that having one would be useful, if only to give people an idea.
Note that while copyright of the code is not transferred to the ASF but only licensed by the original contributors, the trademarks and licensing rights are, thru the CLAs.
Whether or not we (the ASF) wants to give back trademarks on the name to the original contributor is, IMHO, something that should be decided case by case.
-- Stefano.
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