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This was extracted (@ 2020-09-29 22:10) 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.

Meeting times vary, the exact schedule is available to ASF Members and Officers, search for "calendar" in the Foundation's private index page (svn:foundation/private-index.html).

Jakarta EE Relations

15 Jul 2020 [Henri Yandell / Roy]

With the Jakarta EE role, there are two 'open' items:

1) We have an open offer from Eclipse to sit as a guest on their EE committee.
 I don't think we have an individual who is interested in doing that however.
 It feels to me that we either find a Jakarta EE replacement, or if one is
 not available, let Eclipse know that we don't have anyone. I would like to
 inform Eclipse that I'm stepping away from the role.

2) There will be a Java package rename coming in the next few months (though my
 info is limited due to my lack of recent focus). Projects will rename
 reactively, but an active person in the role could help us be more proactive.

17 Jun 2020 [Henri Yandell / Sander]

This month I communicated with Eclipse that:

* We won't claim exclusive rights to any contributions made to the JCP
  forums/lists/specs for <relevant JSRs>.
* But we won't sign something in which the ASF is claiming ownership of
  contributions made by our contributors to a third party (JCP).

I noted that I doubted there would be any energy to resolve differences of
opinion on interpretation of the JSPA, and they agreed that this wasn't worth
pursuing further. This closes out last month's A2 action item.

Remaining action items are:

 A1] Review documents for Apache joining Jakarta as a Guest Member and get
 these signed.

 A3] To communicate the topic to affected projects. This will probably mean a
 general communication to all committees visibly using Java, and directing
 them to jcp-open for follow-up.

20 May 2020 [Henri Yandell / Justin]

Not much progress this month. There was discussion on board regarding the
request from Eclipse for a copyright license for Apache contributions to the
J2EE JSR.

My action items are:

 A1] Review documents for Apache joining Jakarta as a Guest Member and get
     these signed.

 A2] Propose text to indicate that: Insomuch as the ASF licensed
     copyright to the JCP, said copyright is also licensed to Eclipse.

I note that this month's TomEE report indicates that the summer release of
Jakarta EE 9 will involve a large breaking namespace change. A third action
item is:

 A3] To communicate the topic to affected projects. This will probably mean a
     general communication to all committees visibly using Java, and directing
     them to jcp-open for follow-up.

15 Apr 2020 [Henri Yandell / Patricia]

Some minor progress to report.

I've reviewed the emails over the last year and received valuable input from
Mark Struberg, David Blevins, and Mark Thomas.

I reached out to Mike Milinkovich and Paul Buck at Eclipse to determine the
current status of things.

My summary:

* There was a 2018-ish agreement on the Jakarta name signed by Mark Thomas.
* There was an invitation from Eclipse for Apache to join the Jakarta EE
 Working Group as a guest, with 2 agreements to sign.
* There was also IP moved from Oracle to Eclipse related to the JCP and a
 desire for Apache to sign something.
* There will be a big javax to jakarta package renaming coming down the
 pipeline.

On these, the invitation is still open (#2) and there is still interest from
Eclipse in completing their diligence (#3).

My current action items are to identify the documents to be signed in #2 and
confirm that these were approved for signing; and to identify the mechanism by
which copyright licensing flowed from the ASF to the JCP so I understand what
copyright's in various JSRs the ASF may be able to license.

18 Mar 2020

A report was expected, but not received

19 Feb 2020

A report was expected, but not received

15 Jan 2020

A report was expected, but not received

18 Dec 2019

A report was expected, but not received

20 Nov 2019

A report was expected, but not received

16 Oct 2019

A report was expected, but not received

18 Sep 2019 [Mark Struberg / Myrle]

This is a report about the current status of the Eclipse JakarteEE relations.

I will reference the following documents in the further reading:

* Eclipse Foundation Specification License (EFSL [1])
* Eclipse Foundation TCK License (EFTL [2])
* Eclipse Foundation Specification Process (EFSP [3])

# Overview

The JakartaEE project hosts various specifications which are derived from
JavaEE JSRs. Each of them consists of 4 different parts.

1.) the APIs (e.g. JPA - Jakarta Persistence API)
2.) the Reference Implementation (RI, e.g. Eclipse EclipseLink)
3.) the TCKs (previously one big monolithic TCK with only a few specs having
their own separated ones)
4.) the spec documentation PDFs


# Ad 1 and 2 - APIs and RIs

The APIs owned by Oracle have been re-licensed to EPLv2 and donated to the
Eclipse Foundation. Other APIs - mostly owned by IBM and RedHat - have been
ALv2 ever since and afaik have also been donated to the EF. Reference
Implementations have to be licensed under an 'Open Source Lincense' as defined
by the EFSP. Which are EPLv2 or ALv2.

Future development of spec APIs will happen under either EPLv2 or ALv2
(based on what each specification decides). This is legally perfectly fine for
 us to both contribute to and consume under (at worst) CatB [4].


# Ad 3 & 4 - TCKs and Specification Documents

Some TCKs are ALv2: JBatch, CDI, Bean Validation. Most others got donated from
Oracle to the Eclipse Foundation and are now licensed under EPLv2. I want to
take this opportunity to say thanks to Oracle for this gracious move!

There is one little complicated detail though. When a final specification gets
ratified it will be published and distributed under the EFSL resp EFTL. This
procedure is defined in the EFSP. Note that neither the EFSL nor EFTL are OSI
licensed and never will be due to not allowing any modifications which makes
them not an OSS license.

The Specification Document for the Final Specification must be distributed as
read-only text under the Eclipse Foundation Specification License. The
Ratified TCK in composite must be distributed under the Eclipse Foundation
Technology Compatibility Kit License.

This could legally be achieved via either sub-licensing or re-licensing. The
Eclipse ECA [5] explicitly talks about sublicensing. That means we would be
fine to contribute to and consume TCKs and Specs _under work_ as well.
The IP flow is that contributions to the TCK and Spec Documents are performed
under ALv2 or EPLv2. And we can also consume those bits. The final versions
though are ratified and bundled under very restrictive non-OSS licenses which
you only get if one passes the TCK and are certified.

There is also an Eclipse Foundation IP Policy [6] to which the EFSP refers to.
It only applies to Specification Reviews. It contains some patent grant
clauses which need to be further evaluated. In a first review they look
roughly equivalent to the patent grant we have in ALv2. But this needs some
more legal review. Interestingly this only becomes effective during the review
and not during contributing. But the review and voting on the specs is only a
small group of people/companies and not all contributors.

# Other business

The Eclipse Foundation reached out to us to help them collect IP for existing
specification documents. Oracle transferred their right to the EF as far as
they did hold them. They of course could only transfer IP they own themselves.
Whether there is anything uncovered is an open question. The EF now reached
out to us to also grant them rights for parts some ASF committers provided 'on
behalf of the ASF'. Our current legal conclusio is that the ASF itself cannot
do this but we will help to identify the individuals in question.

# Summary

* The ASF (or it's individuals) can both consume from and contribute to APIs
  and Reference Implementations.
* The ASF can both consume from and contribute to TCKs and Spec Documents
  _under development_.
* Consuming the final ratified EFSL and EFTCK licensed specs and TCKs are out
  of scope for the ASF without restricting us in any way.
* The patent handling for contributors needs another review.


[1] https://www.eclipse.org/legal/efsl.php
[2] https://www.eclipse.org/legal/tck.php
[3] https://www.eclipse.org/projects/efsp/
[4] https://www.apache.org/legal/resolved#category-b
[5] https://www.eclipse.org/legal/ECA.php
[6] https://www.eclipse.org/org/documents/Eclipse_IP_Policy.pdf

21 Aug 2019

A report was expected, but not received

17 Jul 2019 [Mark Struberg / Craig]

## Description:
 Apache Jakarta EE Relations exists to discover how the ASF can work together
 with the Eclipse Foundations Jakarta EE working group.

## Issues:
 - There are no issues requiring board attention at this time.

## Activity:
 The initial setup still has to be done. Do we need a mailing list and who
 else want's to provide input on the matter?

19 Jun 2019

Appoint a Vice President of Jakarta EE Relations

 WHEREAS, the Board of Directors deems it to be in the best interests
 of the Foundation and consistent with the Foundation's purpose to
 appoint an officer responsible for being the primary liaison with the
 Eclipse Jakarta EE Platform.

 NOW, THEREFORE, BE IT RESOLVED that the office of "Vice President,
 Jakarta EE" be and hereby is created, the person holding such office
 to serve at the direction of the Board, and to have primary
 responsibility of managing the foundation's Jakarta EE strategy; and
 be it further

 RESOLVED, that Mark Struberg be and hereby is appointed to the office
 of Vice President, Jakarta EE, to serve in accordance with and subject
 to the direction of the Board until death, resignation, retirement,
 removal or disqualification, or until a successor is appointed.

 Special Order 7E, Appoint a Vice President of Jakarta EE
 Relations, was approved by Unanimous Vote of the directors
 present.