On Wednesday, 3 September 2014, Benson Margulies <bimargul...@gmail.com> wrote:
> Actually, that's really bad news. > > When a person creates a work, the copyright belongs to the person, > unless that person enters into a contract to assign the contract to > someone else. > > When I see 'Copyright (c) Codehaus....', I assume that this is legit, > and that (a) Codehaus is a legal entity, Neither a Company nor a Registered Business Name with "Codehaus" in its name, only a DNS name. There is a Company that has been "trading/operating" as Codehaus, however seemingly under Australian law you do not need a RBN. If Ben were in Ireland he would have been required to obtain an RBN. We could ask legal what the view in that regard is... I suspect they would say: "it's probably worthless, but get an assignment from Ben's company anyway to add to the evidence trail" > and (b) that the authors, > however many, executed a proper agreement to assign their copyrights > to Codehaus. Ben does not provide a means to track such assignments and has not received any from what I understand, so not doubly false but just singly false... > > What you are telling me is that (a) is false, and so (b) is probably > doubly-false: there is no entity, and there were probably no > assignments. > > So, now we would want to use the svn and git histories to try to > identify the authors, and solicit their agreement to licence the code > to the foundation. If, after we made a reasonable effort, we couldn't > contact them all, we could ask for permission to pull in the code. If > any of them object, we can't pull it in at all. > > If anyone feels that this is a mess, or prefers not to trust me in my > self-appointed role of expert here, please do open a LEGAL JIRA at > ASF, describe the whole situation, and ask for advice. > > > On Wed, Sep 3, 2014 at 8:42 AM, Stephen Connolly > <stephen.alan.conno...@gmail.com <javascript:;>> wrote: > > On Wednesday, 3 September 2014, Benson Margulies <bimargul...@gmail.com > <javascript:;>> > > wrote: > > > >> On Wed, Sep 3, 2014 at 2:23 AM, Stephen Connolly > >> <stephen.alan.conno...@gmail.com <javascript:;>> wrote: > >> > On Wednesday, 3 September 2014, Hervé BOUTEMY <herve.bout...@free.fr > <javascript:;>> > >> wrote: > >> > > >> >> is there something about IP process for such established code? > >> >> > >> >> I see something like 10 components (we won't take plexus-containers) > >> >> > https://cwiki.apache.org/confluence/display/MAVEN/Plexus+dependencies > >> >> > >> >> And what about the fact that it is not in org.apache and not Apache > >> >> License? > >> > > >> > > >> > Why don't we ask legal/board and see what the view is? > >> > >> I can give you the schema. The package names don't matter. The easy > >> case is if there is some person or corporation who owns the copyright > >> and is willing to execute an SGA to grant the code to the foundation. > >> If that's the case, it's all straightforward, we as a PMC do the 'IP > >> Clearance' dance. > >> > >> The hard case is where there is no such entity, but the license is > >> compatible with the AL. In this case, we can ask legal for approval in > >> picking up 'abandoned' code. > >> > >> The impossible cases are when neither of the above apply, and the code > >> has a non-compatible license, or when there is copyright holder who is > >> not willing to grant. > >> > >> At least some of this code is marked with a copyright of the Codehaus > >> and an Apache License. So the Codehaus could execute a grant and that > >> would be simple. What part are you looking at which is not AL? > > > > > > Ha! So there is the issue that the codehaus is not really that much of an > > entity. > > > > Ben has the AU equivalent of an LLC (OpenXource Pty Ltd) and owns the > > domain name, but never registered Codehaus as a business name (no legal > > requirement to do so in order to trade as Codehaus in AU) > > > > So other than the domain name, there is not really any "codehaus"... it > is > > akin to > > > > Copyright (c) 2005, The Andromeda Trading Company, Inc., a company > > registered in the MX35s asteroid orbiting Andromeda. > > > > The best we can get is a declaration from Ben as owner of the Codehaus > > domain that he is transferring assignment to Apache. Ben is happy to give > > such for the Plexus stuff that has Copyright (c) The Codehaus. We would > > need to ask legal if they actually need that given that there is and > never > > was a legal Codehaus entity in existence at the time the copyright was > > assigned. > > > > > >> > >> > >> > >> > > >> > > >> >> > >> >> I'm really willing to take it back under control, just not sure about > >> the > >> >> right (not techically) way to do it > >> >> > >> >> Regards, > >> >> > >> >> Hervé > >> >> > >> >> Le mardi 2 septembre 2014 23:03:57 Stephen Connolly a écrit : > >> >> > Can we not just pull the code in? IIUC it is pretty much only us > that > >> >> uses > >> >> > the code... > >> >> > > >> >> > On 2 September 2014 22:18, Benson Margulies <bimargul...@gmail.com > <javascript:;> > >> >> <javascript:;>> wrote: > >> >> > > Gang, doesn't the board of the ASF have very strong, negative, > >> >> > > feelings about ASF PMC's controlling and maintaining code > outside of > >> >> > > the ASF? I confess that I found this whole topic extremely > >> confusing, > >> >> > > what with the googlecode 'Apache Extras' business. We might want > to > >> >> > > ask for some clarification before we go here. > >> >> > > > >> >> > > On Tue, Sep 2, 2014 at 5:04 PM, Karl Heinz Marbaise < > >> khmarba...@gmx.de <javascript:;> > >> >> <javascript:;>> > >> >> > > > >> >> > > wrote: > >> >> > > > Hi, > >> >> > > > > >> >> > > > On 9/2/14 2:56 PM, Jason van Zyl wrote: > >> >> > > >> I asked Github to give us github.com/maven for our 3rd party > >> code > >> >> but > >> >> > > >> someone is using it. Maybe Hervé can setup > >> github.com/apachemaven > >> >> and > >> >> > > > >> >> > > we can > >> >> > > > >> >> > > >> move those Git repositories there. > >> >> > > > > >> >> > > > Unfortunately github.com/apachemaven is also occupied > already... > >> >> > > > > >> >> > > > Kind regards > >> >> > > > Karl-Heinz Marbaise > >> >> > > > > >> >> > > >> On Sep 2, 2014, at 3:09 AM, Kristian Rosenvold > >> >> > > >> > >> >> > > >> <kristian.rosenv...@gmail.com <javascript:;> <javascript:;>> > wrote: > >> >> > > >>> We have started talking about moving them somewhere, and the > >> time > >> >> may > >> >> > > >>> have come tom restart that discussion. > >> >> > > >>> > >> >> > > >>> You can either ask Brian for access or have one of the > existing > >> >> > > >>> committers apply your pull request. Just a regular pull > request > >> >> from > >> >> > > >>> github should do. > >> >> > > >>> > >> >> > > >>> Kristian > >> >> > > >>> > >> >> > > >>> 2014-09-01 22:37 GMT+02:00 Karl Heinz Marbaise < > >> khmarba...@gmx.de <javascript:;> > >> >> <javascript:;>>: > >> >> > > >>>> Hi, > >> >> > > >>>> > >> >> > > >>>> i just want to know how we handle things which are located > in > >> >> > > > >> >> > > components > >> >> > > > >> >> > > >>>> like plexus-archiver etc. > >> >> > > >>>> > >> >> > > >>>> Currently i'm diving into some problems and want to checkin > >> some > >> >> > > >>>> improvments > >> >> > > >>>> on the plexus-archiver... > >> >> > > >>>> > >> >> > > >>>> How can i gain commit access to those components ? > >> >> > > >>>> > >> >> > > >>>> Kind regards > >> >> > > >>>> Karl-Heinz Marbaise > >> >> > > > > >> >> > > > > >> --------------------------------------------------------------------- > >> >> > > > To unsubscribe, e-mail: dev-unsubscr...@maven.apache.org > <javascript:;> > >> >> <javascript:;> > >> >> > > > For additional commands, e-mail: dev-h...@maven.apache.org > <javascript:;> > >> >> <javascript:;> > >> >> > > > >> >> > > > >> --------------------------------------------------------------------- > >> >> > > To unsubscribe, e-mail: dev-unsubscr...@maven.apache.org > <javascript:;> > >> >> <javascript:;> > >> >> > > For additional commands, e-mail: dev-h...@maven.apache.org > <javascript:;> > >> >> <javascript:;> > >> >> > >> >> > >> >> --------------------------------------------------------------------- > >> >> To unsubscribe, e-mail: dev-unsubscr...@maven.apache.org > <javascript:;> <javascript:;> > >> >> For additional commands, e-mail: dev-h...@maven.apache.org > <javascript:;> > >> <javascript:;> > >> >> > >> >> > >> > > >> > -- > >> > Sent from my phone > >> > >> --------------------------------------------------------------------- > >> To unsubscribe, e-mail: dev-unsubscr...@maven.apache.org <javascript:;> > >> For additional commands, e-mail: dev-h...@maven.apache.org > <javascript:;> > >> > >> > > --------------------------------------------------------------------- > To unsubscribe, e-mail: dev-unsubscr...@maven.apache.org <javascript:;> > For additional commands, e-mail: dev-h...@maven.apache.org <javascript:;> > > -- Sent from my phone
