Details

    • Type: Question Question
    • Status: Closed
    • Priority: Major Major
    • Resolution: Implemented
    • Labels:
      None

      Description

      Apache log4php project just recieved a nice contribution which is unfortunately licensed under GPL (not specified whether v2 or v3). Sample here:
      https://github.com/d-ulyanov/log4php-graylog2/blob/master/log4php/appenders/LoggerAppenderAMQP.php

      I was wandering what are our options. I believe we may convince the contributor to change the license, but is that the only possibility? Can he sign over the rights for us to relicense the work or something similar? (IANAL and am a bit clueless)

      We are also considering to ask the contributor to sign the ICLA since it's a somewhat larger contribution than we usually get.

        Activity

        Hide
        Sam Ruby added a comment -

        Works for me

        Show
        Sam Ruby added a comment - Works for me
        Hide
        Ivan Habunek added a comment -

        OK, we will probably go for the following course of action:
        1. Ask for ICLA
        2. Ask developer to attach the code (minus the MIT license comments) to the mailing list with a note stating he's ok with us accepting the code under AL.

        Sounds good?

        Show
        Ivan Habunek added a comment - OK, we will probably go for the following course of action: 1. Ask for ICLA 2. Ask developer to attach the code (minus the MIT license comments) to the mailing list with a note stating he's ok with us accepting the code under AL. Sounds good?
        Hide
        Sam Ruby added a comment -

        The PMC in question makes the determination as to what constitutes a "substantial contribution".

        In the case of 500 lines of code developed by 1 person, I would recommend that you request an ICLA from that individual.

        Show
        Sam Ruby added a comment - The PMC in question makes the determination as to what constitutes a "substantial contribution". In the case of 500 lines of code developed by 1 person, I would recommend that you request an ICLA from that individual.
        Hide
        Ivan Habunek added a comment -

        As far as I can make out, the IP clearance required for larger code bases (it's not really defined what constitutes a "substantial contribution").

        This contribution is 3 classes with roughly 500 lines of code, including comments, developed by 1 person. Do I need to do an IP clearance in this case? It seems a little like overkill.

        Show
        Ivan Habunek added a comment - As far as I can make out, the IP clearance required for larger code bases (it's not really defined what constitutes a "substantial contribution"). This contribution is 3 classes with roughly 500 lines of code, including comments, developed by 1 person. Do I need to do an IP clearance in this case? It seems a little like overkill.
        Hide
        Sam Ruby added a comment -

        Ivan: you might find the following page to be helpful: http://incubator.apache.org/ip-clearance/index.html

        Show
        Sam Ruby added a comment - Ivan: you might find the following page to be helpful: http://incubator.apache.org/ip-clearance/index.html
        Hide
        Ivan Habunek added a comment -

        Oh, missed that completly, thanks.

        I'm still not fully clear, sorry...

        Dmitriy has now provided MIT licensed code. Although it is possible, I would prefer NOT to include the code as a "third-party work" with a MIT license because this is more complicated to maintain later.

        My question is: Given the current situation, what do we (or the contributor) need to do to include the contributed code into the project under the terms of the AL (equal to the rest of the code in the project)?

        I think he's willing to do whatever is necessary legally, but I need to know what that is.

        Show
        Ivan Habunek added a comment - Oh, missed that completly, thanks. I'm still not fully clear, sorry... Dmitriy has now provided MIT licensed code. Although it is possible, I would prefer NOT to include the code as a "third-party work" with a MIT license because this is more complicated to maintain later. My question is: Given the current situation, what do we (or the contributor) need to do to include the contributed code into the project under the terms of the AL (equal to the rest of the code in the project)? I think he's willing to do whatever is necessary legally, but I need to know what that is.
        Hide
        Sam Ruby added a comment - - edited

        > If he attaches the code to the mailing list or jira, does he need to remove those comments from the code before we can accept it?

        Clarity is never a bad thing. Why not ask Dmitriy to voluntarily make this change?

        Update: nevermind. It looks like Dmitriy already changed the license to a Category A license:

        https://github.com/d-ulyanov/log4php-graylog2/commit/133243f01126532f19314d750320768e211dd429

        Can we close this issue?

        Show
        Sam Ruby added a comment - - edited > If he attaches the code to the mailing list or jira, does he need to remove those comments from the code before we can accept it? Clarity is never a bad thing. Why not ask Dmitriy to voluntarily make this change? Update: nevermind. It looks like Dmitriy already changed the license to a Category A license: https://github.com/d-ulyanov/log4php-graylog2/commit/133243f01126532f19314d750320768e211dd429 Can we close this issue?
        Hide
        Ivan Habunek added a comment -

        Looking at the commit log of the repository [1], it seems he did make all the commits himself. I do not see any sign that he pulled any other person's contribution.

        I can ask him to confirm that he is the author of all the code. It's not very big (3 classes) just somewhat bigger than we usually get.

        Any other checks I have to make?

        [1] https://github.com/d-ulyanov/log4php-graylog2/commits/master

        Show
        Ivan Habunek added a comment - Looking at the commit log of the repository [1] , it seems he did make all the commits himself. I do not see any sign that he pulled any other person's contribution. I can ask him to confirm that he is the author of all the code. It's not very big (3 classes) just somewhat bigger than we usually get. Any other checks I have to make? [1] https://github.com/d-ulyanov/log4php-graylog2/commits/master
        Hide
        Ted Dunning added a comment -

        There is the additional issue of whether or not the person posting this request actually does own the copyright. If others have contributed to the code in substantial ways under the assumption that the code is GPL, then it might be nearly impossible to convert the code to a more liberal license. Some GPL projects and some GPL authors purposely pollute the copyright ownership in order to make conversion from GPL essentially impossible to avoid changes in project management from changing the license.

        Show
        Ted Dunning added a comment - There is the additional issue of whether or not the person posting this request actually does own the copyright. If others have contributed to the code in substantial ways under the assumption that the code is GPL, then it might be nearly impossible to convert the code to a more liberal license. Some GPL projects and some GPL authors purposely pollute the copyright ownership in order to make conversion from GPL essentially impossible to avoid changes in project management from changing the license.
        Hide
        Ivan Habunek added a comment -

        Hi Benson, thanks for your reply.

        Here is the contribution email sent to our dev list:
        http://markmail.org/message/3e4jvc4hvbt4b5db

        He says "Please, include this [...] in next release!". The code is in his github repo, it is not attached to the email or issue.

        However, I noticed that the code has the following in the comments:

        If he attaches the code to the mailing list or jira, does he need to remove those comments from the code before we can accept it?

        For future reference, can we accept the code which is given to us in an user's repo and not attached to a jira issue or the mailing list?

        Show
        Ivan Habunek added a comment - Hi Benson, thanks for your reply. Here is the contribution email sent to our dev list: http://markmail.org/message/3e4jvc4hvbt4b5db He says "Please, include this [...] in next release!". The code is in his github repo, it is not attached to the email or issue. However, I noticed that the code has the following in the comments: @author Dmitriy Ulyanov (Wikimart LLC) @license GPL @license http://opensource.org/licenses/gpl-license.php GNU Public License If he attaches the code to the mailing list or jira, does he need to remove those comments from the code before we can accept it? For future reference, can we accept the code which is given to us in an user's repo and not attached to a jira issue or the mailing list?
        Hide
        Benson Margulies added a comment -

        You can't accept GPL code under any circumstances. But your description is ambiguous. If someone submitted a patch via the mailing list to code under the AL, under the terms of the AL, they have granted rights under the AL, assuming that they have those rights to grant. If the contribution was offered in some other way, or if they explicitly insisted on GPL, it's GPL.

        If the creator holds the copyright, they can certainly contribute by licensing to the foundation under the AL. As before, sending a patch to one of our mailing lists or attaching to our JIRA does that unless they explicitly take steps to avoid it.

        It seems to me to be prudent to ask for an ICLA from anyone this confused and/or uncertain about whether they really want to make a contribution to an Apache project.

        Show
        Benson Margulies added a comment - You can't accept GPL code under any circumstances. But your description is ambiguous. If someone submitted a patch via the mailing list to code under the AL, under the terms of the AL, they have granted rights under the AL , assuming that they have those rights to grant. If the contribution was offered in some other way, or if they explicitly insisted on GPL, it's GPL. If the creator holds the copyright, they can certainly contribute by licensing to the foundation under the AL. As before, sending a patch to one of our mailing lists or attaching to our JIRA does that unless they explicitly take steps to avoid it. It seems to me to be prudent to ask for an ICLA from anyone this confused and/or uncertain about whether they really want to make a contribution to an Apache project.

          People

          • Assignee:
            Sam Ruby
            Reporter:
            Ivan Habunek
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            Dates

            • Created:
              Updated:
              Resolved:

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