1. Overview
This Intellectual Property (“IP”) governs the management of intellectual property by the OpenNTF Alliance (“OpenNTF”), It describes the process of publishing contributions on the OpenNTF website, and how OpenNTF will accept, manage and license contributions.

The IP Policy has been designed to support a flexible approach to project development to meet the needs of both developers and consumers of the OpenNTF contributions. The Project Repository is essentially a continuation of the OpenNTF Repository that has existed since the turn of the century – but with a few additional constraints on the licensing side. The Release Repository provides a home for projects that have gone through an additional release process that includes certain IP and other checks that are detailed below. In both cases, the repositories are divided into two sections, one for code contributed under GNU General Public License Version 3, GNU Lesser General Public License Version 3, or GNU Affero General Public License Version 3 (collectively “GPL3”) and related licenses – and the other for code contributed under Apache License Version 2 and compatible licenses.

In accordance with the OpenNTF Terms of Use, the code in the OpenNTF code bases, whether located in the Project or the Release Repository is provided on an “as is” basis, without warranties or conditions of any kind, either expressed or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability or fitness for a particular purpose. The licensee of any code from any of the OpenNTF code repositories is solely responsible for determining the appropriateness of the licenses associated with the OpenNTF code for licensee’s intended purpose. The licensee is also solely responsible for determining the appropriateness of using and distributing the code and assumes all risks associated with its use of the code, including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

2. People
For the purposes of this IP Policy, we use a number of terms that define an individual’s role, responsibilities and obligations in OpenNTF. These roles range from someone who simply downloads software from the site to those who are active in maintaining and updating OpenNTF software.

2.1. Unregistered Users
Unregistered Users are, as the term implies, those who are using the OpenNTF site, downloading software, but who have not registered. Such people are subject to the Terms of Use, and, of course, the software licenses associated with the code they download.

2.2. Registered Users
Registered Users are those who have Registered on the site, with their real name. In addition to downloading software, such people may participate in the forums, submit bug reports etc.

2.3. Contributor
To become a Contributor, a Registered User must either:
- complete an Individual Contributor License Agreement; or
- be listed in Schedule A of an Employer’s Corporate Contribution License Agreement.
Contributors who are listed in the Schedule A of a CCLA may only act as Contributors for those projects covered by the CCLA, unless they have executed an ICLA as well. However, optionally, CCLA’s may cover all OpenNTF work for the listed employees – not be limited to specific projects.

On acceptance of the ICLA by OpenNTF, Contributors may be invited by one or more Project Leads to contribute code to Projects under the control of those Project Leads. In addition, Contributors may contribute code for consideration in other projects and may establish a new Project.

2.4. Project Lead
A Project Lead is the person who has established a new Project, or who has been appointed to the position by the OpenNTF Alliance Steering Committee, the Technical Committee or has been asked to co-lead a project by an acting Project Lead.

Project Leads are responsible for project schedules, deciding on the project functionality, coordinating work, and coordinating the release.

A Project Lead must be a Contributor, and it is desirable, but not necessary, that a Project Lead also be a Committer.

2.5. Committer
Committers are Contributors who have applied to be a Committer, and who have been accepted either by a vote of the Steering Committee or by a vote of the current set of Committers.

Committers are the gate keepers to the Release Repository (described below), and must follow the due diligence release process for any software that is placed into that Repository.

2.6. IP Managers
IP Managers are appointed by the Steering Committee to help OpenNTF manage IP and corporate governance issues. These are people with a background in open source licensing, software release procedures, and IP risk mitigation. There are three distinct IPManager roles:
- Corporate Governance
- IP Management for the Apache Repositories (see details below)
- IP Management for the GPL Repositories (see details below).

One person may occupy one or two of these roles, but it is recommended that separate people perform the IP Management for the Apache and GPL Repositories.

3. Contribution Repositories
OpenNTF has established two Contribution Repositories – the Project Repository and the Release Repository – with the intention that projects will start life in the Project Repository, and, from time to time, a “release” of the project will be placed into the Release Repository after going through a clearance process. Each of these repositories is itself divided into two categories, one for software licensed under the GPL and compatible licenses, the other for software licensed under Apache and compatible licenses. Through the use of preset filters, Users may limit their browsing to one or other of these categories. See Section 4 for more details on licensing.

3.1. Project Repository
The Project Repository is where contributions to OpenNTF are first made and is essentially the working area of OpenNTF.

Any Contributor may post a contribution into the Project Repository under the following conditions:
- the Contribution is made under the ICLA;
- The license under which the contribution is to be made available is compatible with either OpenNTF’s Apache or GPL licensing models (see Section 4);
- The licensing and Notice information is clearly noted (see Section 4);
- The code was entirely written by the Contributor(s) or, if there is material from third parties, that the Contributor has written permission or a license to include such material.

That Contributor becomes the Project Lead and may invite other Contributors to participate in the development of the Project. Modifications and extensions to the code should be made in a manner that the meets the above conditions.

3.2. Release Repository
At any point of time, a Project Lead may initiate a process to have a release (snapshot) of the project moved into the Release Repository. Again, there is one area for GPL-licensed code and one for Apache-licensed code. At this stage, a Committer, who was not part of the original development team, must check the following aspects of the project:
- Have all the contributors completed an ICLA or been listed on an appropriate CCLA?
- does all code appear to come from the original Contributors?
o This can be done through visually scanning the code, or in some cases, the IP Manager may be asked to do an automated code scan.
o If not, have the other sources of the code been accounted for? Are the licenses compatible?
o Inform the appropriate IP Manager if there are any questions or concerns
- Are all the licenses properly included in the project distribution files?
- Is there any encryption code (if so, check with the IP Manager)
A release checklist is available to assist the Committer complete the release process. Note that Committers working on GPL code may not act approve the release of Apache code, and vice versa.

Once the checklist has been completed, and, in the Committer’s opinion, all issues have been resolved, then the project may be released onto the Release Repository. Note that the IP Manager associated with the repository may over-ride the Committer’s release decision, but such over-ride would then be brought to the attention of the OpenNTF Alliance Steering Committee.

4. Licensing.
As mentioned above, the OpenNTF Alliance is permitting two licensing models, one based on the Apache License Version 2, the other based on GPL v3.

4.1. Apache licensing.
Under the Apache licensing model, the Contributions to the OpenNTF Alliance would be made, where possible, under the Apache License Version 2. (ALv2).

Third party contributions may be included under different licenses as long as:
- the third party license is compatible with Apache as listed here http://www.apache.org/legal/resolved.html or as approved by the IP Manager/Apache;
- the Contributor ensures that all the terms of the third party license are adhered to;
- that the root directory of any distribution includes the third party licenses (or where a root directory is not present, another standard mechanism may be used to include the licenses)
- the Notices File for the project contains licensing details for each 3^rd party component that is under a license other than ALv2.

In addition, we have prepared a document http://openntf.org/home.nsf/dx/Applying_Apache_License that instructs how developers should add the appropriate header files to their Apache-licensed code, and how to name other 3^rd party component licenses. Note that this process differs from the approach taken by the Apache Foundation where the OpenNTF Alliance requires the maintenance of the original copyright statement. There is no need to replace it with an OpenNTF copyright statement.

Notice Files, as defined by the ALv2 may include credits for project Contributors.

4.2. GPL Licensing
Under the GPL Licensing model, Contributions to the OpenNTF Alliance would be made, where possible, under GPL v3, LGPL v3, or Affero GPL v3.
GPL licensing compatibility is somewhat complex, and use of earlier versions of GPL licenses is required to maintain compatibility with third party components (or earlier OpenNTF projects) that are under these earlier GPL licenses. Further details on compatibility among GPL licenses may be found here - http://www.fsf.org/licensing/licenses/gpl-faq.html#AllCompatibility

Third party contributions may be included under different licenses as long as:
- the third party license is compatible with GPL as approved by the IP Manager/GPL.
- Any modifications to GPL v3 to manage the inter-license compatibilities are limited to that permitted under Section 7 and there is a clear indication of such Section 7-based modifications – see
http://www.fsf.org/licensing/licenses/gpl-faq.html#GPLIncompatibleLibs ;
- the Contributor ensures that all the terms of the third party license are adhered to;
- that the root directory of any distribution includes the third party licenses.

5. Cryptography
OpenNTF has not applied for an Export Commodity Control Number (ECCN) from the U.S. Government Department of Commerce, Bureau of Export Administration. Any modifications, additions or removal of cryptographic code, should be brought to the IP Manager’s attention.

6. Trademarks and Logos
The use of trademarks and logos associated with OpenNTF shall be used in accordance with the then current OpenNTF Trademark Usage Guidelines. Any Member’s trade marks or logos appearing on the OpenNTF’s website or in any documentation and materials provided by OpenNTF shall not be used by any other Member, Contributor or third party without obtaining the express written consent of the Member owning such trade mark and/or logo.

7. Allegations of Infringement of Copyright
If a third party believes that any Content contained on or accessible through the OpenNTF Website infringes its copyright, such third party should notify the IP Governance Manager of OpenNTF and provide the IP Governance Manager with the information specified in the OpenNTF Copyright Notification Procedure in accordance with the procedure also specified at Notification Procedure. The form of notice specified and the procedures is consistent with the form suggested by the United States Digital Millennium Copyright Act, which can be found at http://www.copyright.gov/legislation/dmca.pdf. Any third party who makes a material misrepresentation when making a claim of copyright infringement or filing a counter notification will be liable for damages (including costs and legal fees).