For clarity, it's my understanding that Johannes was employed by Lightbend until recently. Now I don't know about you guys, but code I write is property of my employer. That's also the reason CCLA's exist. If the case, there wouldn't be any sublicense stuff going on for that work.
Anyhow, I don't think it matters. Any git commit defines a working tree or could be extracted to a zip, which would adhere to being an ASL compliant distribution. As such, as long as BSL wasn't merged to a branch it would be legit to consume it. As stated, we're not relying on a software grant from Lightbend and the legal ground for both cases is the same. On Fri, Nov 4, 2022, 11:01 Matthew Benedict de Detrich <[email protected]> wrote: > Specifically wrt having the code in pull requests that haven’t been merged > yet, I had a discussion with colleagues about this in the past and at least > hypothetically speaking since the code is sitting on the branch of the pull > request author, if that branch’s main is still based off of Ikea’s ASFL 2 > version then it should be okay. > > Again IANAL. > > -- > Matthew de Detrich > Aiven Deutschland GmbH > Immanuelkirchstraße 26, 10405 Berlin > Amtsgericht Charlottenburg, HRB 209739 B > > Geschäftsführer: Oskari Saarenmaa & Hannu Valtonen > m: +491603708037 > w: aiven.io e: [email protected] > On 4. Nov 2022 at 10:41 +0100, Greg Methvin <[email protected]>, wrote: > > IANAL either, but I think the gray area is that some pull requests need > to > > copy parts of existing code or certain aspects of the design of the > > library. Once you've looked at a library's code and written a PR, there's > > some risk that you included some content that isn't technically your > > original work. So maybe you don't have the right to just take everything > in > > the PR and contribute it to another library. > > > > On Fri, Nov 4, 2022 at 2:06 AM Matthew Benedict de Detrich > > <[email protected]> wrote: > > > > > > If Johannes is the author of that PR, it’s a big deal, because he > > > still owns the copyright for his work. This case, as far as I’m > > > concerned, is closed. > > > > > > IANAL but this is my understanding as well. If you yourself create a PR > > > then you retain copyright for it (i.e. the code) which means that its > fine > > > to contribute that same code to another project even if it has a > different > > > license (in this case BSL vs ASFL 2), the problem is copying/reading > other > > > peoples BSL code. > > > > > > On Fri, Nov 4, 2022 at 9:44 AM Alexandru Nedelcu <[email protected]> > > > wrote: > > > > > > > Lightbend’s CLA doesn’t transfer the copyright, but what it does is > > > > it allows Lightbend to “sublicense” it as proprietary, which I guess > > > > (IANAL, etc) is why they can legally change the license in their > > > > repository without mentioning that some of that code is still > available > > > > as ASL-2. > > > > > > > > If Johannes is the author of that PR, it’s a big deal, because he > > > > still owns the copyright for his work. This case, as far as I’m > > > > concerned, is closed. > > > > > > > > My objection was about PRs in general — if a PR was made, that > > > > doesn’t mean that the contribution was licensed under ASL-2, just > > > > because the repository’s LICENSE was indicating ASL-2 at that time. > > > > > > > > Consider the situation in which (royal) you made a PR to Akka when it > > > > was licensed as ASL-2, but it gets rejected for whatever reason. > > > > That’s life, and you move on. Well, what happens if Lightbend copies > > > > the code in that rejected PR, after the license changed? The > original PR > > > > was rejected, it was never “distributed”, you never agreed to the > > > > merge, because the merge never happened. The PR itself was only a > > > > proposal, after all. > > > > > > > > Therefore I’m wondering — is it legal to copy code from PRs that > > > > were open before the license change? Are those PRs actually licensed > as > > > > ASL-2? > > > > > > > > If yes, well, let’s copy them all, I’m sure there are gems in there. > > > > But my hunch is that there are issues with it, and I’d really like to > > > > know the answer to this conundrum, as copyright law is really > confusing > > > > for me. > > > > > > > > And does the ASF have some legal expertise available, such that we > can > > > > settle these matters? > > > > > > > > On 3 Nov 2022, at 22:54, Greg Methvin wrote: > > > > > > > > > My understanding is that the Lightbend CLA only gives Lightbend a > > > > > license > > > > > to use and redistribute the code; it doesn't transfer copyright. > Where > > > > > it > > > > > gets tricky is that many PRs can incorporate parts of the existing > > > > > code in > > > > > various ways, so are effectively a derivative work rather than > being > > > > > totally original, and you're on shaky ground unless you can prove > that > > > > > the > > > > > code it's based on is entirely ASL licensed. But like you said, the > > > > > commit > > > > > it's based on is entirely ASL licensed code so there is no issue. > > > > > > > > > > On Thu, Nov 3, 2022 at 10:50 AM Jean-Luc Deprez > > > > > <[email protected]> > > > > > wrote: > > > > > > > > > > > Fact that Johannes authored most of the work wouldn't matter > much, as > > > > > > I'd > > > > > > guess copyright transfer would be in place. > > > > > > > > > > > > But what Johannes stated doing is the legal ground. A git commit > is a > > > > > > copy > > > > > > of the source, if that copy contains the ASL license instead of > the > > > > > > BSL, > > > > > > the ASL terms apply. So the last commit on branch before BSL > merge is > > > > > > safe. > > > > > > > > > > > > Which is the legal ground for this whole endeavor anyway. > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > On Thu, Nov 3, 2022, 12:44 PJ Fanning <[email protected]> > wrote: > > > > > > > > > > > > > The original PR was created before the license was changed. I > think > > > > > > > it > > > > > > > should be safe to take into pekko-http, especially since > Johannes > > > > > > > who > > > > > > > wrote the original PR is and is offering to help with getting > it > > > > > > > into > > > > > > > pekko-http. > > > > > > > > > > > > > > On Thu, 3 Nov 2022 at 12:29, Alexandru Nedelcu < > [email protected]> > > > > > > > wrote: > > > > > > > > > > > > > > > > Hi, > > > > > > > > > > > > > > > > I’m resending this message from the “right” email address > > > > > > > > 🙂 > > > > > > > > sorry for the duplicate… > > > > > > > > > > > > > > > > On 3 Nov 2022, at 12:07, Johannes Rudolph wrote: > > > > > > > > > (Obviously, we should use the state of the scala-3 branch > before > > > > > > > > > the > > > > > > > > > license change. Afterwards, a merge from main was added > containing > > > > > > the > > > > > > > > > license change.) > > > > > > > > > > > > > > > > It would be great to merge that scala-3 branch. I think > Akka-HTTP > > > > > > > > is > > > > > > > > what’s keeping us at $work from migrating to Scala 3 (plus > other > > > > > > > > annoyances, but this is the big one). > > > > > > > > > > > > > > > > However — I’d ask if we are allowed. > > > > > > > > > > > > > > > > I am not a lawyer. Does code in that PR represent code that’s > > > > > > > > released > > > > > > > > under APL-2.0? My hunch is that there may be issues with > this. > > > > > > > > > > > > > > > > I think we should ask someone with legal expertise if we are > > > > > > > > allowed. > > > > > > > > Can ASF help? > > > > > > > > > > > > > > > > -- > > > > > > > > Alexandru Nedelcu > > > > > > > > https://alexn.org > > > > > > > > > > > > > > > --------------------------------------------------------------------- > > > > > > > To unsubscribe, e-mail: [email protected] > > > > > > > For additional commands, e-mail: [email protected] > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > > -- > > > > Alexandru Nedelcu > > > > https://alexn.org > > > > > > > > > > > > > -- > > > > > > Matthew de Detrich > > > > > > *Aiven Deutschland GmbH* > > > > > > Immanuelkirchstraße 26, 10405 Berlin > > > > > > Amtsgericht Charlottenburg, HRB 209739 B > > > > > > Geschäftsführer: Oskari Saarenmaa & Hannu Valtonen > > > > > > *m:* +491603708037 > > > > > > *w:* aiven.io *e:* [email protected] > > > >
