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1.
Overview
This Intellectual Property (“IP”) Policy governs the management of intellectual property by 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. Contributors may post contributions on the OpenNTF or github/com/openntf sites. Upon request, OpenNTF will check a contribution to verify that it meets the conditions for a Cleared project. Projects may be contributed under the
GNU General Public License Version Version 3
,
GNU Lesser General Public License Version 3
,
GNU Affero General Public License Version 3
(collectively “GPL3”) or the
Apache License Version 2.
In accordance with the
OpenNTF Terms of Use
, the code in the OpenNTF Repositories 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 those who are using the OpenNTF site, downloading software, but who have not registered. Such people are subject to the Terms of Use and the software licenses associated with the code they download.
2.2. Registered Users
Registered Users are those who have Registered on the OpenNTF or github site. In addition to downloading software, Registered Users 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 by other Projects and may establish a new Project. Contributors can get write permission for a specific github Team with the approval of that Team's Project Lead.
2.4. Project Lead
A Project Lead is a Contributor who has established a new Project. Project Leads are responsible for project schedules, deciding on the project functionality, coordinating work, and coordinating the release. Project Leads may assign write permissions to Contributors to contribute code to the project.
A Project Lead who wishes to establish one or more projects on github may request the creation of a github Team. The Project Lead, and any Contributors selected by the Project Lead, will have write permissions for that Team – and can create any number of projects within that Team.
2.5. Committer
Committers are Contributors who have applied to be a Committer, and who have been accepted either by a vote of the Board or by a vote of the current set of Committers. Committers, along with the IP Manager, manage the Clearance process (see below).
2.6. IP Manager
The IP Manager is appointed by the Board to manage IP and corporate governance issues.
3.
Project Requirements
3.1. All Projects
All Projects should meet the following conditions:
All those contributing to the project must be registered Contributors;
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 Project Lead has the IP Manager's approval for any encryption code that is in the Release.
3.2. Project Clearance
Project Leads may request that a Project Release be cleared. A Committer, who was not part of the project development team, in cooperation with the IP Manager, must then check the following aspects of the project:
Verify that the contributors have completed an ICLA or been listed on an appropriate CCLA;
Verify the origin of the code through the use of a scanning tool;
Check that all the licenses and notices properly included in the project distribution files and that the Notice file includes the name, URL, and License information for each 3
rd
party component;
Check if there is any encryption code;
Ensure that the release properly documented.
Once the checklist has been completed, and, in the Committer’s opinion, all issues have been resolved, then the Release will be flagged as “Cleared” on the OpenNTF.org site. When a Project Release has been cleared, it may not be further modified by the project team.
Cleared projects only reside on the OpenNTF.org site. The github/openntf repository is for works in progress, and the code there has not been cleared.
3.3. Legacy Releases
Releases on the OpenNTF site that predate the implementation of this IP Policy may continue to reside on the OpenNTF site subject to Section 3.4 below, but will be flagged as “not Cleared”. Project Leads of Legacy Releases may request that a Release be cleared.
3.4. Removing a Project.
The IP Manager may, at his or her sole discretion, remove Releases for IP issues or for breaching the spirit of open source. Specific reasons for taking such action may include:
Project Releases whose execution requires registration
Project Releases that do not contain all required source
Project Releases that are in clear breach of the conditions of the open source licenses
Project Releases that contain source under a non-approved license (except as noted in Section 4.3 below)
The IP Manager will notify the Project Lead of his intention to take down a Release, specifying the reasons for that action. Notwithstanding Section 3.3, Legacy Releases may be subject to such take down in the same manner.
4.
Licensing.
The OpenNTF permits 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 OpenNTF are made, where possible, under the Apache License Version 2. (ALv2).
Third party components 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;
the Contributor ensures that all the terms of the third party license are adhered to;
the Notices File for the project contains licensing details for each 3
rd
party component.
In addition,
the
Applying Apache License
page details how to add the appropriate header files to their Apache-licensed code, and how to list other 3
rd
party component licenses. Note that this process differs from the approach taken by the Apache Foundation. OpenNTF does not require the replacement of the original copyright statement by an OpenNTF Copyright. We request that contribution copyright statements reflect the copyrights of the Contributors.
4.2. GPL Licensing
Under the GPL Licensing model, Contributions to OpenNTF are 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 may be 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.gnu.org/licenses/license-list.html#GPLCompatibleLicenses
.
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;
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.gnu.org/licenses/license-list.html#GPLIncompatibleLicenses
;
the Contributor ensures that all the terms of the third party license are adhered to; and
the Notices File for the project contains licensing details for each 3
rd
party component.
4.3.
Proprietary Licensing for binary distributions.
In addition to the posting of open source Projects, as described above, the Board may approve the posting of binary files under proprietary licenses where the presence of these files furthers the goals of OpenNTF. Examples of such files include (without limitation):
Binaries used to install or update OpenNTF Projects (where the installation/update code is subject to proprietary use restrictions);
Software tools that could be useful for the development of code for OpenNTF – such as an SVN plugin to help with joint code development;
Modifications and/or extensions to the Notes/Domino product that facilitate the functioning of one or more OpenNTF projects.
Such permission would be granted only:
where Users may make reasonable use of the binary file for no charge;
where the Contributor posting the files is covered by a CCLA or ICLA;
where the posting clearly indicates that the downloadable file is under a proprietary license;
and there is no open source alternative that could easily serve as a replacement for the binary file.
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 in accordance with the then current OpenNTF Trademark Usage Guidelines. Any Member’s trademarks 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 trademark and/or logo.
7.
Allegations of Infringement of Copyright or Patents
If a third party believes that any Content contained on or accessible through the OpenNTF Website infringes its copyright or patents, such third party should notify the IP Manager in accordance with the
OpenNTF Copyright or Patent 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).
8.
Removing a Project
A Project Lead may request the removal of a Project, but this will only be carried out at the discretion of the Board. Removal of a Project is unlikely to be permitted unless there is a legal reason for doing so, or if the project is available through another project. Old Releases may be removed if the code and functionality has been made available in later Releases.
Revised April 18, 2013