Hi Jarek,

I’m sure that you have reviewed https://www.apache.org/legal/resolved.html

I think that you might want to focus on Class B licenses in these discussions.

It might help you to keep in a more limited scope and determine how to make 
compliant Helm Charts.

The legal committee and VP are the ones making decisions about what is 
compliant.

Regards,
Dave

> On Sep 14, 2020, at 9:30 AM, Jarek Potiuk <jarek.pot...@polidea.com> wrote:
> 
> Very true Matt.
> 
> I think this is really a crucial part of the proposal to define the
> boundary between the Apache / Non-Apache artifacts (potentially with a
> different, non-ASF compliant license).
> 
> The "compiled" vs.  "packaged" that I proposed is one way of looking
> at it, rather simple and straightforward to understand, verify, and
> reason about. But I would love to hear other ideas - maybe some other
> communities and OSS organizations approached it already and they came
> up with some other ways of classifying it ?
> 
> One thing that is quite important here - we are not really talking
> about "releases" and we should continue avoiding the name. I have no
> doubt that proper release is .tar.gz signed and checksummed on
> Apache's SVN containing sources and instructions on how to build the
> software (including the convenience packages) using platforms and
> tools available. There are no other "releases" by ASF, and I think
> there should not be.
> 
> I keep on reminding it to myself when I proposed the changes, that
> "convenience packages" are not "official" ASF software releases so I
> think the policies there - however legal and "correct" do not have to
> be that strict.
> 
> I am not a lawyer to grasp all the implications - so I am really
> looking at the "crowd wisdom here" to understand all the consequences.
> I think we will never get a 100% correct and "compilable" policy (so
> to speak). My wife is a lawyer by education, so I know very well from
> her that "law does not compile" (which was a bit surprising to an
> engineer like me initially).
> 
> I think eventually - we will have to make some interpretations and
> assumptions, and eventually, the ASF might have to take some risks
> when reviewing and accepting such a proposal. But the risk-taking
> should be very well informed in this case so I think we should gather
> a lot of inputs and opinions on that.
> 
> J
> 
> 
> On Mon, Sep 14, 2020 at 6:08 PM Matt Sicker <boa...@gmail.com> wrote:
>> 
>> From a distribution standpoint, the point of these policies to me has
>> been to emphasize that anything we distribute here at Apache can be
>> safely used and copied under the terms of the Apache License. As such,
>> source releases have always been the target, though over time, Apache
>> has accumulated several end-user type projects that may or may not
>> have a developer audience that knows what to do with source code. The
>> binary distributions become a useful channel for projects so that
>> users can actually use the project without technical knowledge of
>> development environment setups and such. This raises a conundrum,
>> though, that nearly any non-trivial binary software artifact will
>> contain or link to code that is not distributed under the Apache
>> License, but it may be compatible (e.g., GPLv3 is compatible with
>> ALv2, but combining the two results in GPLv3 basically, not
>> ALv2+GPLv3; this doesn't change existing licenses of course). For our
>> end users downloading Apache artifacts, we've had a history of
>> publishing IP-safe source code that is easily used under the ALv2. I
>> think the historical problem behind why binary artifacts haven't been
>> raised to the same status involves clarifying the line between where
>> our artifacts end and a third party's begin. This is especially
>> apparent in languages where the reference implementation runtime is
>> GPL (e.g., OpenJDK, though that itself has an interesting history due
>> to Apache Harmony having been a thing at one point).
>> 
>> From a security standpoint, distributing binaries requires more
>> infrastructural security to respond to potential malware infections,
>> CVEs in dependencies, etc.
>> 
>> 
>> On Mon, 14 Sep 2020 at 10:54, Jarek Potiuk <jarek.pot...@polidea.com> wrote:
>>> 
>>> Oh yeah. I start realizing now how herculean it is :). No worries, I am
>>> afraid when you are back, the discussion will be just warming up :).
>>> 
>>> Speaking of the "double standard" - the main reason really comes from
>>> licensing. When you compile something in that is GPL, your code starts to
>>> be bound by the licence. But when you just bundle it together in a software
>>> package - you are not.
>>> 
>>> So this is pretty much unavoidable to apply different rules to those
>>> situations. No matter what - we have to make this distinction IMHO. But
>>> let's see what others say on that.  I'd love to hear your thought on that,
>>> before you head out.
>>> 
>>> J
>>> 
>>> 
>>> On Mon, Sep 14, 2020 at 5:47 PM Joan Touzet <woh...@apache.org> wrote:
>>> 
>>>> Hi Jarek,
>>>> 
>>>> I'm about to head out for 3 weeks, so I'm going to miss most of this
>>>> discussion. I've done my best to leave comments in your document, but
>>>> just picking out one topic in this thread:
>>>> 
>>>> On 14/09/2020 02:40, Jarek Potiuk wrote:
>>>>> Yeah - I see the point and to be honest, that was exactly my original
>>>>> intention when I wrote the proposal. I modified it slightly to reflect
>>>> that
>>>>> - I think now after preparing the proposal that the "gist" of it is
>>>> really
>>>>> to introduce two kinds of convenience packages - one is the "compiled"
>>>>> package (which should be far more restricted what it contains due to
>>>>> limitations of licences such as GPL) and the other is simply "packaged"
>>>>> software - where we put independent software or binaries in a single
>>>>> "convenience" package but it does not have as far-reaching
>>>>> legal/licence consequences as compiled packages.
>>>>> 
>>>>> The criteria I proposed introduce an interesting concept - the recursive
>>>>> definition of "official" packages - that was the most "difficult" part
>>>>> to come up with. But I believe as long as the criteria we come up with
>>>> can
>>>>> be recursively applied to any binaries or reference to those binaries up
>>>> to
>>>>> the end of the recursive chain of dependencies and as long as we provide
>>>>> instructions on how to build those binaries by the "power" users, I
>>>> believe
>>>>> it should be perfectly fine to include such binaries in "packaged"
>>>> software
>>>>> without explicitly releasing all the sources for them.
>>>>> 
>>>>> So I tried to put it in the way to make it clear that the original
>>>>> limitations remain in place for the "compiled" package (effectively I am
>>>>> not changing any wording in the policy regarding those) but I (hope) make
>>>>> it clear that other limitations and criteria apply to "packaged" software
>>>>> using those modern tools like Docker/Helm but also any form of
>>>> installable
>>>>> packages (like Windows installers). I've also specifically listed the
>>>>> "windows installers" as an example package.
>>>> 
>>>> I don't like the double standard of "compiled" vs. "packaged" software.
>>>> It's hard to understand when to apply which, and creates an un-level
>>>> playing field. Not every ASF project can create both, and you're using a
>>>> different ruler for each. I realize it was your intent to avoid clouding
>>>> the water, and to apply stricter rules to one vs. the other, but I feel
>>>> this is just continuing the double-standard I previously mentioned,
>>>> albeit in a different form.
>>>> 
>>>> Good luck with the effort, and thanks for taking on this herculean task.
>>>> 
>>>> -Joan
>>>> 
>>>>> 
>>>>> J.
>>>>> 
>>>>> 
>>>>> On Mon, Sep 14, 2020 at 2:57 AM Allen Wittenauer
>>>>> <a...@effectivemachines.com.invalid> wrote:
>>>>> 
>>>>>> 
>>>>>> 
>>>>>>> On Sep 13, 2020, at 2:55 PM, Joan Touzet <woh...@apache.org> wrote:
>>>>>>>> I think that any release of ASF software must have corresponding
>>>> sources
>>>>>>>> that can be use to generate those from. Even if there are some binary
>>>>>>>> files, those too should be generated from some kind of sources or
>>>>>>>> "officially released" binaries that come from some sources. I'd love
>>>> to
>>>>>> get
>>>>>>>> some more concrete examples of where it is not possible.
>>>>>>> 
>>>>>>> Sure, this is totally possible. I'm just saying that the amount of
>>>>>> source is extreme in the case where you're talking about a desktop app
>>>> that
>>>>>> runs in Java or Electron (Chrome as a desktop app), as two examples.
>>>>>> 
>>>>>> 
>>>>>> ... and mostly impossible when talking about Windows containers.
>>>>>> 
>>>>>> 
>>>>> 
>>>> 
>>> 
>>> 
>>> --
>>> 
>>> Jarek Potiuk
>>> Polidea <https://www.polidea.com/> | Principal Software Engineer
>>> 
>>> M: +48 660 796 129 <+48660796129>
>>> [image: Polidea] <https://www.polidea.com/>
>> 
>> 
>> 
>> --
>> Matt Sicker <boa...@gmail.com>
> 
> 
> 
> -- 
> 
> Jarek Potiuk
> Polidea | Principal Software Engineer
> 
> M: +48 660 796 129

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