Apologies...shouldn't have cited [6]. Meant to cite [2]: [2] http://www.apache.org/licenses/software-grant.txt
Good thing IANAL. Don On Wed, Sep 21, 2011 at 12:30 PM, Donald Whytock <dwhyt...@gmail.com> wrote: > On Wed, Sep 21, 2011 at 5:27 AM, Sander van der Waal > <sander.vanderw...@oucs.ox.ac.uk> wrote: >> On the other hand, the ASF general FAQ states that the copyright of ASF >> projects is owned by the ASF, more specifically "The members own the >> code" [5]. Also the IP Clearance template [6] has a check that says >> "Check and make sure that the papers that transfer rights to the ASF >> been received." But it seems that the SGA and *CLAs are just license >> agreements and don't include a transferral of rights? I must be missing >> something obvious here but I'm not sure what. >> >> [5] http://www.apache.org/foundation/faq.html#who-owns-apache-code >> [6] http://incubator.apache.org/ip-clearance/ip-clearance-template.html > > <ianal> > Actually, [5] says, "All software developed within the Foundation > belongs to the ASF, and therefore the members." Software contributed > to the ASF would not, I would think, count as "developed within". > > On the other hand, code contributed through the SGA conveys "a > non-exclusive, worldwide, royalty-free, irrevocable copyright license > to reproduce, prepare derivative works of, publicly display, publicly > perform, distribute and sublicense, internally and externally, the > Software". [6] I would think that this means the moment ASF makes any > change at all to a contribution -- including adding an ASF copyright > notice -- that makes it a derivative work, developed within the ASF, > and therefore belonging to its members. > > And the spirit of the SGA seems to sufficiently express this that > people contributing under the SGA thereby express consent for it to > happen. The only time this would not be the case is if the > "contributor" is "contributing" something he has no right to so > contribute. That isn't a fault of the SGA. > </ianal> > > Don > --------------------------------------------------------------------- To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org For additional commands, e-mail: general-h...@incubator.apache.org
