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This was extracted (@ 2017-09-20 19:10) from a list of minutes which have been approved by the Board.
Please Note The Board typically approves the minutes of the previous meeting at the beginning of every Board meeting; therefore, the list below does not normally contain details from the minutes of the most recent Board meeting.

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Alleged JBoss IP Infringement

21 Jan 2004

Approve a Response regarding the alleged JBoss IP infringment in Geronimo

 After the receipt of the letter from JBoss's lawyers regarding
 alleged IP infringment in the Geronimo codebase (and thus
 non-compliance with (L)GPL, the Incubator team and the Geronimo
 development team performed an exhaustive review of not only
 the specific claims, but also the general claim.  The end result
 of the review is that there is no basis for their claim.  Therefore
 the Incubator and Geronimo PPMC ask that Board to review the following
 as a draft response and, upon approval, forward this to the ASF
 lawyers for review and comment.

 Draft Response as Attachment M.

 By Unanimous Consent, the Board approved the measure to forward
 the draft response, for review and comments, to our lawyer.

21 Jan 2004

Draft Response regarding alleged JBoss IP infringement

Dear Gentlemen :

We thank your for your letter of October 31, 2003 informing us of your
client's concern that JBoss code has been copied into the Geronimo
project.  As we take all intellectual property infringement concerns very
seriously, we have carefully reviewed each Exhibit and other claims, and
conclude that there is no validity to the claims in the letter.

This review was undertaken publicly by the ASF and all discussion and
results are available via any archive of the Geronimo development list.
For your convenience, you may find an archive of the messages at this
URL:

 http://nagoya.apache.org/eyebrowse/SummarizeList?listName=geronimo-dev@incubator.apache.org.  The summary of the findings is available in our CVS

and accessible at this URL :

 http://cvs.apache.org/viewcvs.cgi/incubator-geronimo/docs_nopublish/JBoss_20031031.html

In brief :

o Exhibit A's claim of a "high degree of similarity" between the two named
files is due to the fact that both files are derived from the same code
from and ASF-licensed Apache codebase, the Apache Logging (was Apache
Jakarta Log4j) project.  We would like to politely request that the JBoss
Group LLC review their derived version of the code to be sure all
requirements of the Apache Software License have been followed.

o Exhibit B's claim of similarity due to the the same reason.  Both were
derived or based on the same code from the ASF-licensed Apache codebase,
the Apache Logging project.

o Exhibit C claim of similarity have been researched in both the Geronimo
as well as the JBoss codebases, and we find that the similarity is due to
the same author licensing code to JBoss under the LGPL and Geronimo under
the ASL.  Such dual licensing of code is legitimate as the author is only
granting a license when contributing code, not transferring all further
rights.  We also verified that changes made by JBoss to the LGPL-ed
version were not brought to Geronimo.

o There is an additional claim regarding the Invocation class.  We do not
believe that this is an example of infringement for reasons listed in the
summary of findings.

As an organization dedicated to open source software development, we are
continuously working to ensure that the code that we provide through our
many projects is free of IP encumbrance or questions of provenance.  We
appreciate you bringing the concerns of the JBoss Group LLC to our
attention, and believe that our review has shown them to be unfounded.  We
will continue to monitor Geronimo as we do all of our projects to ensure
quality of the code contained therein.  Please do not hesitate to contact
us with any questions about this matter, or any further concerns your
client may have.

Very truly yours,

Greg, Dirk and Jim