Re: IP Clearance before releasing

2013-12-14 Thread Marvin Humphrey
On Thu, Dec 12, 2013 at 12:20 AM, Upayavira  wrote:
> We should probably be clear about *who* can relax the rules, because
> again this could become a fighting ground amongst 180 of us.

Perhaps we can avert potential disputes by blocking graduation rather than
releases.

Every review item in the following checklist is either required by Incubator
policy or is documented outside the Incubator as required for all Apache
releases:

http://incubator.apache.org/guides/release_manifest.txt
http://incubator.apache.org/guides/release.html#review-items

Let's say that we start allowing more documented exceptions to the rules for
incubating releases.  Fine -- but the podling still needs to demonstrate that
they can make a release worthy of a TLP, or they shouldn't graduate.

The simple approach is to establish a policy that a podling must make a
release which passes all the checklist items.  I'm sure we'd end up making
occassional exceptions under the "materiality" test, but that's no big deal.

An "audit" prior to graduation has also been proposed, but forcing IPMC
members to go rooting around in source trees, build scripts and issue trackers
seems unattractive.

Blocking graduation instead of release candidates would reduce strain on both
podlings and reviewers.  Suitable policy bugs could be fixed in between
incubating releases during the normal course of development, rather than
between release candidates -- so fewer release candidates would be needed.

Marvin Humphrey

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Re: IP Clearance before releasing

2013-12-12 Thread Ted Dunning
A point which is often missed by new comers is that votes aren't final
until they vote closes and is tallied.

That allows a vote that uncovers a serious defect to trigger a bunch of
defecting votes (if the vote isn't just canceled)


On Thu, Dec 12, 2013 at 11:02 AM, Doug Cutting  wrote:

> On Thu, Dec 12, 2013 at 7:38 AM, Alex Harui  wrote:
>
> > There's no whistleblower provision
> > for someone who thinks they see something that puts the foundation at
> risk
> > from stopping those to don't see it.
> >
>
> If there's a clear legal problem with a release candidate I'd expect others
> to acknowledge it and cancel the vote.  If they don't then that could be
> escalated to the Incubator PMC.
>
> Doug
>


Re: IP Clearance before releasing

2013-12-12 Thread Doug Cutting
On Thu, Dec 12, 2013 at 7:38 AM, Alex Harui  wrote:

> There's no whistleblower provision
> for someone who thinks they see something that puts the foundation at risk
> from stopping those to don't see it.
>

If there's a clear legal problem with a release candidate I'd expect others
to acknowledge it and cancel the vote.  If they don't then that could be
escalated to the Incubator PMC.

Doug


Re: IP Clearance before releasing

2013-12-12 Thread Alex Harui


On 12/11/13 9:51 PM, "Marvin Humphrey"  wrote:

>
>I'm curious what others think.  There's room for us to disagree, since
>release
>votes do not require consensus...
That's the part I've found curious.  There's no whistleblower provision
for someone who thinks they see something that puts the foundation at risk
from stopping those to don't see it.  Certainly, quality is subjective and
thus consensus is too strict, but the process we use to get a consensus
veto to change seems appropriate if a -1 vote is based on a foundation/law
issue.  Some of our policies do have wiggle room, but I don't think all of
them do.

-Alex


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Re: IP Clearance before releasing

2013-12-12 Thread Upayavira
This has a good feel about it. Clearer, with flexibility.

We should probably be clear about *who* can relax the rules, because
again this could become a fighting ground amongst 180 of us.

As to putting the foundation at risk - breaching someone else's
copyright does that. Breaching the foundation's policies doesn't.

Upayavira

On Thu, Dec 12, 2013, at 05:51 AM, Marvin Humphrey wrote:
> On Tue, Dec 10, 2013 at 3:50 AM, ant elder  wrote:
> 
> > And the Incubator _is_ different and does have different policy and
> > rules, hence on occasion podlings being permitted to do releases which
> > include GPL dependencies while Incubating and just fixing those up as
> > a graduation requirement.
> 
> Over in another thread[1], Bertrand came up with a thoughtful
> formulation:
> 
> I have no problem with clear and documented decisions to relax some
> of
> the release checklist criteria for an incubating release, as long as
> that doesn't put the foundation at risk.
> 
> That's more lenient than either my "inconsequential" test or Benson's
> "materiality", but it provides something else: a framework inside which
> the Incubator may bend the rules.  It had been hard for me to understand
> how
> we could justify exercising discretion about policy, given the
> Incubator's
> obligations as an ordinary Apache TLP, but perhaps "document how this
> problem
> doesn't put the Foundation at risk" is something I can get behind.
> 
> I expect that an incubating release with a GPL dependency would have
> necessitated the approval of VP Legal Affairs, right?  That would fit
> inside
> Bertrand's framework.
> 
> Similarly, licensing documentation bugs such as extra garbage in NOTICE
> or
> the occasional missing ALv2 header do not "put the foundation at risk" --
> or
> put our downstream users at risk.  For a release tagged with the
> "incubating"
> label and disclaimer, filing bugs rather than blocking seems reasonable.
> 
> I'm curious what others think.  There's room for us to disagree, since
> release
> votes do not require consensus...
> 
> Marvin Humphrey
> 
> [1] http://s.apache.org/r1F
> 
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Re: IP Clearance before releasing

2013-12-12 Thread ant elder
On Thu, Dec 12, 2013 at 5:51 AM, Marvin Humphrey wrote:

 For a release tagged with the "incubating"
> label and disclaimer, filing bugs rather than blocking seems reasonable.
>
>
I may have edited away more than you like but yes - "filing bugs rather
than blocking" is the approach we should try using more, much more. All
that stuff about putting the foundation at risk seems vastly over stated -
are there any examples at all ever where the foundation has come to any
harm from a duff release? The release voting is to make the release a
collective action of the foundation to protect individuals not to protect
the foundation.

I'm curious what others think.  There's room for us to disagree, since
> release
> votes do not require consensus...
>
>
Podling release voting is one of the most problematic areas of the
Incubator and has been for years. Its the disagreement over whats required
that tosses podlings about with one person saying they must do one thing
and others something else, and it puts off mentors from voting in case
they're made to look like they don't know what they're doing. So I think we
should try to find some consensus on approach rather than agreeing to
disagree,

   ...ant


Re: IP Clearance before releasing

2013-12-11 Thread Marvin Humphrey
On Tue, Dec 10, 2013 at 3:50 AM, ant elder  wrote:

> And the Incubator _is_ different and does have different policy and
> rules, hence on occasion podlings being permitted to do releases which
> include GPL dependencies while Incubating and just fixing those up as
> a graduation requirement.

Over in another thread[1], Bertrand came up with a thoughtful formulation:

I have no problem with clear and documented decisions to relax some of
the release checklist criteria for an incubating release, as long as
that doesn't put the foundation at risk.

That's more lenient than either my "inconsequential" test or Benson's
"materiality", but it provides something else: a framework inside which
the Incubator may bend the rules.  It had been hard for me to understand how
we could justify exercising discretion about policy, given the Incubator's
obligations as an ordinary Apache TLP, but perhaps "document how this problem
doesn't put the Foundation at risk" is something I can get behind.

I expect that an incubating release with a GPL dependency would have
necessitated the approval of VP Legal Affairs, right?  That would fit inside
Bertrand's framework.

Similarly, licensing documentation bugs such as extra garbage in NOTICE or
the occasional missing ALv2 header do not "put the foundation at risk" -- or
put our downstream users at risk.  For a release tagged with the "incubating"
label and disclaimer, filing bugs rather than blocking seems reasonable.

I'm curious what others think.  There's room for us to disagree, since release
votes do not require consensus...

Marvin Humphrey

[1] http://s.apache.org/r1F

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Re: IP Clearance before releasing

2013-12-10 Thread David Crossley
ant elder wrote:
> Benson Margulies  wrote:
> >
> >  If we deleted every
> > release from the main Foundation distro area that had some divergence
> > from some policy, no matter how tiny, my suspicion is that the distro
> > area would become rather sparse.
> 
> Yes quite. And lets not forget how the "rules" keep changing eg not so
> long ago people were insisting that all sorts of stuff absolutely must
> be put in the NOTICE file where as now it absolutely must NOT be
> there, who know what it will be like next year.

I disagree with that summary. The "principles and constraints"
(not "rules") do not keep changing. Instead it is that people
seem to not understand those, and it takes time to weed out
the misguided behaviours and documentation.

-David

> And the Incubator _is_ different and does have different policy and
> rules, hence on occasion podlings being permitted to do releases which
> include GPL dependencies while Incubating and just fixing those up as
> a graduation requirement.
> 
>...ant

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Re: IP Clearance before releasing

2013-12-10 Thread ant elder
On Tue, Dec 10, 2013 at 11:30 AM, Benson Margulies
 wrote:

>  If we deleted every
> release from the main Foundation distro area that had some divergence
> from some policy, no matter how tiny, my suspicion is that the distro
> area would become rather sparse.
>

Yes quite. And lets not forget how the "rules" keep changing eg not so
long ago people were insisting that all sorts of stuff absolutely must
be put in the NOTICE file where as now it absolutely must NOT be
there, who know what it will be like next year.

And the Incubator _is_ different and does have different policy and
rules, hence on occasion podlings being permitted to do releases which
include GPL dependencies while Incubating and just fixing those up as
a graduation requirement.

   ...ant

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Re: IP Clearance before releasing

2013-12-10 Thread Benson Margulies
>
> Therefore, when we say that incubating releases "can have small IP loose
> ends", we mean:
>
> *   This is an official release, created by an act of the Foundation.
> *   It is known to violate policy.
> *   It could be removed, but no one has done so yet.
>
> I'm comfortable with relying on "prosecutorial discretion" for inconsequential
> small stuff, but not something major like source code provenance.
>

Well, that third line is not what I meant. In law, and so in
Foundation policy, there is always a concept of materiality. Nothing
is perfect. People make mistakes, and the legal framework that we're
working in when we make a release has room for them. If some PMC makes
a release with 10 lines of 'category X' code in it, I do not believe
that anyone thinks that removing it is appropriate or necessary.

I was really trying to talk about trivial issues. Maybe I should have
written 'tiny' instead of small. Maybe I should have focussed on L&N
problems, where there are many opportunities to make an immaterial
error. The bottom line should be a repetition of your repetition of
Doug - a release is a release, incubator or not. If we deleted every
release from the main Foundation distro area that had some divergence
from some policy, no matter how tiny, my suspicion is that the distro
area would become rather sparse.

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Re: IP Clearance before releasing

2013-12-09 Thread Marvin Humphrey
On Sun, Dec 8, 2013 at 7:25 AM, Benson Margulies  wrote:
> My understanding is that incubating releases can have small IP loose
> ends, but not that they can proceed before the main clearance of an
> initial code donation.

It would be good to establish some clarity around this issue.  Here is how I
understand things...

The "incubating" label, while useful in setting user expectations, is 100%
marketing.  Incubating releases *are* Apache releases, in that they are an act
of the Foundation, provide indemnity to the individuals participating in their
preparation, and are subject to all Foundation-wide release policies.  Here's
Board member Doug Cutting:

http://s.apache.org/4kH

Jukka Zitting wrote:
> There is clearly a widely held feeling that incubating
> releases are different than "normal" ASF releases.

This is the crux of the issue.  I fail to see how they are fundamentally
different.  Releases and the release process is one of the most
standardized things in the ASF: 3+1 PMC votes, distributed on
www.apache.org/dist, etc.  Do releases from the Incubator project differ
from those of other projects?  I've always thought felt that the
Incubator is just another project, one that specializes in nursing new
projects to maturity.  But it has no special privileges or
responsibilities, does it?

Doug

When the Incubator PMC votes to approve release artifacts which violate ASF
policy, the product is still an official ASF release -- whether the policy
violation is minor (missing header) or severe (copyright violation).  However,
since the release violates policy, someone like Roy could come through and
pull it off our servers:

http://s.apache.org/l8p

I consider them to be trojan horses.  I wouldn't hesitate for a second to
delete them outright.  Actually, what I've done in the past (yes, I have
done this before) is move them to a subdir of my homedir and then tell the
relevant project to WTFU and do it right.  Note, however, I would not
delete the ones in archive -- that would be silly.

Therefore, when we say that incubating releases "can have small IP loose
ends", we mean:

*   This is an official release, created by an act of the Foundation.
*   It is known to violate policy.
*   It could be removed, but no one has done so yet.

I'm comfortable with relying on "prosecutorial discretion" for inconsequential
small stuff, but not something major like source code provenance.

Marvin Humphrey

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Re: IP Clearance before releasing

2013-12-08 Thread Benson Margulies
My understanding is that incubating releases can have small IP loose
ends, but not that they can proceed before the main clearance of an
initial code donation.


On Sun, Dec 8, 2013 at 9:38 AM, Marvin Humphrey  wrote:
> On Sun, Dec 8, 2013 at 6:14 AM, Bernd Fondermann
>  wrote:
>
>> That was also my understanding, that IP clearance is important, and
>> neccessary for successful incubation, but incubator releases are orthogonal
>> and therefore carry a disclaimer being not fully vetted Apache releases
>> because of IP and other open issues.
>
> So it's OK to release even if we don't have rights to the source code?  Surely
> even the most liberal interpretation of what is permissible under "incubating"
> has limits.
>
>> Have I missed a change here to our policie?
>
> No.
>
>> In the reference "[1]", what exactly are you referring to?
>>
>>> [1] http://incubator.apache.org/projects/tajo.html
>>> http://incubator.apache.org/incubation/Incubation_Policy.html#Releases
>>> http://incubator.apache.org/guides/mentor.html#initial-ip-clearance
>
> From the Incubation Policy page:
>
>   http://incubator.apache.org/incubation/Incubation_Policy.html#Releases
>
>   Such approval SHALL be given only after the Incubator PMC has followed the
>   process detailed in these guidelines, and SHALL NOT occur until all source
>   has been legally transferred to the ASF.
>
> Marvin Humphrey
>
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Re: IP Clearance before releasing

2013-12-08 Thread Marvin Humphrey
On Sun, Dec 8, 2013 at 6:14 AM, Bernd Fondermann
 wrote:

> That was also my understanding, that IP clearance is important, and
> neccessary for successful incubation, but incubator releases are orthogonal
> and therefore carry a disclaimer being not fully vetted Apache releases
> because of IP and other open issues.

So it's OK to release even if we don't have rights to the source code?  Surely
even the most liberal interpretation of what is permissible under "incubating"
has limits.

> Have I missed a change here to our policie?

No.

> In the reference "[1]", what exactly are you referring to?
>
>> [1] http://incubator.apache.org/projects/tajo.html
>> http://incubator.apache.org/incubation/Incubation_Policy.html#Releases
>> http://incubator.apache.org/guides/mentor.html#initial-ip-clearance

>From the Incubation Policy page:

  http://incubator.apache.org/incubation/Incubation_Policy.html#Releases

  Such approval SHALL be given only after the Incubator PMC has followed the
  process detailed in these guidelines, and SHALL NOT occur until all source
  has been legally transferred to the ASF.

Marvin Humphrey

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Re: IP Clearance before releasing

2013-12-08 Thread Bernd Fondermann
On Sun, Dec 8, 2013 at 12:43 AM, Marvin Humphrey wrote:

> Greets,
>
> I read in the Tajo report and I see on the dev list that the Tajo
> developers
> are now diligently tackling IP clearance:
>
> http://s.apache.org/00w
>
> In my view, IP clearance is only the remain work for graduation.
>

That was also my understanding, that IP clearance is important, and
neccessary for successful incubation, but incubator releases are orthogonal
and therefore carry a disclaimer being not fully vetted Apache releases
because of IP and other open issues.
Have I missed a change here to our policie?


> However, the fact that this is only happening now represents a failure of
> the
> IPMC.  Tajo made a release last month.  That release should not have gotten
> our go-ahead until IP clearance was completed[1].
>

In the reference "[1]", what exactly are you referring to?


> [1] http://incubator.apache.org/projects/tajo.html
> http://incubator.apache.org/incubation/Incubation_Policy.html#Releases
> http://incubator.apache.org/guides/mentor.html#initial-ip-clearance
>

Thanks,

  Bernd


IP Clearance before releasing

2013-12-07 Thread Marvin Humphrey
Greets,

I read in the Tajo report and I see on the dev list that the Tajo developers
are now diligently tackling IP clearance:

http://s.apache.org/00w

In my view, IP clearance is only the remain work for graduation.

However, the fact that this is only happening now represents a failure of the
IPMC.  Tajo made a release last month.  That release should not have gotten
our go-ahead until IP clearance was completed[1].

To address the immediate problem, it's important to complete IP clearance for
Tajo ASAP.  If everything goes well, I don't foresee any long term
consequences.  Let's cross our fingers.

For the future, the more rigorous release process being discussed in other
threads, which incorporates checklists and aggressively enlists the PPMC,
would have prevented this error.  (It would also have prevented the recent
Sirona error[2].)

Marvin Humphrey

[1] http://incubator.apache.org/projects/tajo.html
http://incubator.apache.org/incubation/Incubation_Policy.html#Releases
http://incubator.apache.org/guides/mentor.html#initial-ip-clearance

[2] http://s.apache.org/zjp

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