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= Podling IP Clearance
Apache Incubator PMC
2002-10-16
:jbake-type: guide
:jbake-status: published
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:toc:
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== Podling IP Clearance
=== Background
Existing codebases need to be imported through the standard IP clearance
process. This means that a Software Grant Agreement
(link:http://www.apache.org/licenses/#grants[SGA])
or Contributor License Agreement
(link:http://www.apache.org/licenses/#clas[CLA])
needs to be submitted
for all copyright owners. This process may take a while so it is best to
start as soon as the podling is accepted.
The acceptance of the initial codebases is approved by the
IPMC as part of the acceptance motion. So, no vote is required by the
PPMC. Otherwise, follow the standard IP clearance process for podlings.
=== Establishing Provenance
Paperwork needs to be submitted to Apache that grants a legal license on the code
to the Apache Software Foundation.
As a rule of thumb, if all the material contributors to the code
are joining the podling as initial contributors, then CLAs (individual or corporate)
are all you need. The individuals must submit the 'individual' CLA (ICLA).
If there are employers involved who might claim
rights in the code, then corporate CLAs (CCLAs) are needed for those employers.
If, on the other hand, there are material contributors who are *not*
joining the podling as initial contributors, or if there
are additional corporate entities who can claim rights in the code,
then SGAs are required from those individuals or corporations.
The foregoing is only a rule of thumb. Generally, the mentors of a new project
will need to consult with general@incubator.apache.org or the Apache legal team
about the particular circumstances.
It may take some time to track down all contributors. It is not necessary to
have paperwork on file for all contributions before the code is imported.
It may be necessary to reverse some patches and rewrite areas of code if
contributors cannot be found or at not happy about given Apache written
permission to use their code.
No releases are possible until the provenance of all the code to be release
has been clearly established and the relevant paperwork filed with Apache. It is
therefore important to keep the status updated.
Receipts of ICLAs, CCLAs, and SGAs are recorded by the secretary in
the private foundation repository. Reading is restricted to members and officers
of the foundation. If there is no officer or member available then ask on the
general list.
=== IPMC Responsibility around IP Clearance
The board has charged the Incubator project with management of IP clearance for Apache.
Instructions are link:http://incubator.apache.org/ip-clearance/index.html[here].
These equally apply to podlings. The Incubator project is responsible for all podlings
and so is the receiving PMC. So, when a podling requests IP clearance, the
IPMC wears link:http://www.apache.org/foundation/how-it-works.html#hats[two hats].
This may be a little confusing at first.
The Incubator PMC must approve the clearance. This indicates that the project is
happy to receive the code donated. When a new podling is created, this is done
by the identification of existing codebases in the proposal. Otherwise, the
IPMC delegates this decision to the PPMC.
As usual, three binding votes are required. So, Mentors need to be involved in
IP clearance for podlings. If too few binding VOTEs are posted on list,
the VOTE will need to be posted to the general list for ratification.
The second hat is technical IP clearance. Here, the IPMC needs to check that the
paperwork is in order. Once the acceptance vote has been approved, an officer
or member need to complete the process. For a podling, this will typically
involve a Mentor.