So with the discussion on the legal ticket at
https://issues.apache.org/jira/browse/LEGAL-626?focusedCommentId=17635668&page=com.atlassian.jira.plugin.system.issuetabpanels%3Acomment-tabpanel#comment-17635668,
it seems like the best conclusion is to just update every single source
file by adding the Apache header and I think the best place to do it is
with the already existing open PR at
https://github.com/apache/incubator-pekko/pull/50.

Should we proceed to do this or should I binding vote be summoned instead?

On Fri, Nov 18, 2022 at 9:31 PM Greg Methvin <[email protected]> wrote:

> I was just proposing something in the context of not having a comprehensive
> answer from legal right now. But I would generally agree with Johannes that
> it's best to deal with now, and I support Henri's proposal.
>
> On Fri, Nov 18, 2022 at 1:25 AM Matthew Benedict de Detrich
> <[email protected]> wrote:
>
> > If the decision from legal is to apply the header to every existing
> source
> > file that contains the lightbend header then I am perfectly fine with
> that
> > (this was actually one of my original suggestions).
> >
> > I am just trying to be pragmatic here, because at least in my view it's
> > currently chaos right now with everyone having different conclusions.
> >
> > On Fri, Nov 18, 2022 at 10:10 AM Johannes Rudolph <
> > [email protected]> wrote:
> >
> > > This makes no sense for me.
> > >
> > > There's only one single binding legal document which is the license of
> > > the original code which we should not interpret liberally. This
> > > license is clear that changed code files need a notice. This is well
> > > in line with the open source spirit of respecting the original owner
> > > and providing clarity of how source code is being reused. This is
> > > particularly true for the Akka code which does not even include the
> > > ASL license header, so we should be even more diligent to follow the
> > > rules of the existing license and make clear how source code is being
> > > reused and under which license. Not adding a notice (and somehow
> > > silently deferring to git history) will make it difficult both for
> > > (re)users and the original owner to understand that and how the code
> > > has been reused.
> > >
> > > As soon as we have to add any notice, we should do it anywhere
> > > preemptively (in good faith, of course, not giving the impression of
> > > appropriating any of the existing code) as soon as possible to
> > > conclude the discussion and settle the issue for the future.
> > >
> > > IMO it's not our judgement to make whether a change should be
> > > considered minor or major. We should document our actions and comply
> > > with the license's rules and not more.
> > >
> > > We can not defer the decision about how to go forward because
> > >  1. We will only defer the decision and if we cannot come to a
> > > conclusion we want to know it rather now than later because it makes
> > > no sense to create a 1.0.0 if we cannot continue development
> > > afterwards
> > >  2. There's no agreement on what major changes are and if we need them
> > > right now. E.g. we might want to include bug fixes right now which are
> > > functional changes which minor or not definitely warrant a notice that
> > > something was changed in the file.
> > >  3. We might have to do urgent fixes in cases of security fixes which
> > > is the worst time having doubts about how exactly we can merge a
> > > change.
> > >
> > > Also, see the proposal of Henry Yandell at
> > >
> > >
> >
> https://issues.apache.org/jira/browse/LEGAL-626?focusedCommentId=17635668&page=com.atlassian.jira.plugin.system.issuetabpanels%3Acomment-tabpanel#comment-17635668
> > > which I support.
> > >
> > >
> > >
> > > On Fri, Nov 18, 2022 at 12:22 AM Matthew Benedict de Detrich
> > > <[email protected]> wrote:
> > > >
> > > > > So it sounds like we probably won't be making any "major" changes
> > from
> > > an
> > > > IP standpoint anytime soon. I would guess that a "major" change would
> > > > generally require a PIP, so there would be some review process at
> that
> > > > point to decide on copyright headers.
> > > >
> > > > So generally speaking PIP is for major architectural/design/backwards
> > > > breaking changes, at least in my view there are changes outside of
> this
> > > > scope which could classify as major. However, the gist I am getting
> > from
> > > > Justin is that this rule was more applicable in the old days where
> > either
> > > > VCS didn't exist or it was a lot more primitive compared to git (in
> > other
> > > > words if there is some sought of IP dispute/confusion it's very easy
> to
> > > > figure this out via git history which was more difficult in the past
> > with
> > > > CVS/SVN or nothing at all).
> > > >
> > > > For this reason (amongst others) I would propose to classify all of
> the
> > > > proposed changes we are planning to do as minor and if there are any
> > > > supposed major changes in the future we can cross that bridge when we
> > get
> > > > there. The only exception to this that I can come up with right now
> is
> > > the
> > > > pekko <-> akka wire incompatibility feature which was already
> discussed
> > > and
> > > > I would argue this is ambiguously more clear that it's theoretically
> a
> > > > major change (but even this could be argued is still a minor change).
> > > >
> > > > If it so happens that we have significantly more major changes than
> > > > anticipated this raises more questions than answers and more
> critically
> > > it
> > > > implicitly goes against our goal of a 1.0.0 release (which aside from
> > > > package renames is meant to be identical, as much as possible, to the
> > > > latest Akka ASL 2 release).
> > > >
> > > > On Fri, Nov 18, 2022 at 12:03 AM Greg Methvin <[email protected]>
> > wrote:
> > > >
> > > > > So it sounds like we probably won't be making any "major" changes
> > from
> > > an
> > > > > IP standpoint anytime soon. I would guess that a "major" change
> would
> > > > > generally require a PIP, so there would be some review process at
> > that
> > > > > point to decide on copyright headers.
> > > > >
> > > > > The thing I don't understand, then, is why there is a distinction
> > > between
> > > > > new and existing files. It's somewhat arbitrary whether we choose
> to
> > > put
> > > > > code into new files or existing files. If new files are also part
> of
> > a
> > > > > derivative work of the original library, then what's the
> > justification
> > > for
> > > > > including the ASF header there versus the Lightbend header? "New"
> > files
> > > > > could easily contain code that was moved or copied from files that
> > are
> > > > > under Lightbend copyright, unless we are careful about it and
> figure
> > > out a
> > > > > way to nicely separate that code. Should we just ignore that
> problem
> > > for
> > > > > now?
> > > > >
> > > > > On Thu, Nov 17, 2022 at 2:15 PM Justin Mclean <
> > > [email protected]>
> > > > > wrote:
> > > > >
> > > > > > HI,
> > > > > >
> > > > > > For context, where this has been discussed before, major changes
> > mean
> > > > > > significant changes to IP, so reformatting is not a major change,
> > > > > renaming
> > > > > > things is not a major change, an update to support a new language
> > > version
> > > > > > or porting to another language would not be a major change. Even
> > if a
> > > > > large
> > > > > > amount of the text changes, it may not be a major change from an
> IP
> > > point
> > > > > > of view. As Claude said, you would need to significantly change
> the
> > > > > > functionality or the algorithm for it to be considered a major
> > > change. A
> > > > > > major change is when it stops being a derivative of the original
> > and
> > > its
> > > > > > something entirely new and original.
> > > > > >
> > > > > > Kind Regards,
> > > > > > Justin
> > > > > >
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> > > > > >
> > > > >
> > > >
> > > >
> > > > --
> > > >
> > > > Matthew de Detrich
> > > >
> > > > *Aiven Deutschland GmbH*
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> >
> > --
> >
> > 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]
> >
>


-- 

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]

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