On Fri, Jun 7, 2019 at 8:57 PM Justin Mclean <jus...@classsoftware.com> wrote:
>
> Hi,
>
> > 1) Is it legal to include GPL licensed software in releases?  The
> > answer is yes... as long as we comply with the terms of that license.
> > In the case of strong copyleft licenses, that could mean that the
> > podling release itself may need also be GPL licensed.
>
> And in cases where this has happened, it’s been ALv2 licensed, so I guess 
> that wouldn’t be legal. But we also allow minor stuff like this a lot of the 
> time e.g forgetting to add  MIT license text to LICENSE.
>
> > 2) Is it legal to include compiled code in releases?  Yes.
>
> But certainly against ASF policy and one of it core values.
>
> > 3) Is it legal to include copyright violations in releases?  No.
>
> In most cases, where this has occurred this has been minor, like including a 
> cat photo, and can be easily sorted by removing or asking for permission. If 
> someone did come along as say you don’t have permission to do that, we’d say 
> we were very sorry and fix it.
>
> Perhaps rewording the proposal to say "serious issue typically found in 
> podling releases” would help? Podlings generally make some effort to try and 
> get things right.

I think it would be a mistake to include the word serious in the
proposal that you are asking for board approval.  That likely will
result in a 'no' response.  As would any request that that board
approve anything that is illegal, like distributing code without
complying with the terms under which that code is licensed.

There may be some wiggle room in getting the board to approve letting
the incubator produce releases that are legal but may not comply with
ASF policy in one or more ways, given that those deviations are
documented, there exists a plan to fix those deviations, and that
podling graduation is gated on the fixing of those deficiencies.

> Thanks,
> Justin

- Sam Ruby

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