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From John Burwell <john.burw...@shapeblue.com>
Subject Re: ICLA for contributors
Date Thu, 09 Jun 2016 19:57:02 GMT
All,

I believe Pierre-Luc’s explanation is correct, and that we may have slightly different definitions
of contributor and committer.  Generally, we define a contributor, we are referring to anyone
(committer, PMC member, any person in the world) who contributes code, documentation, etc
to the project.  We define a committer as a contributor who demonstrated a strong and sustained
commitment to the project.  In recognition of this commitment, committers are granted the
right to commit changes to the project’s public repositories.  Execution of an ICLA and
CCLA are required in order for someone to become an Apache CloudStack committer.

IANAL, but my understanding is that any individual can contribute to an Apache project without
signing an ICLA/CCLA because a committer with one in place will perform commit to the repository.
 The act of the individual giving code to the project and a committer reviewing and committing
it to the repository qualifies as rights assignment under by the ASL.  Since execution of
an ICLA/CCLA is a prerequisite for all Apache CloudStack committers and Apache secures our
repositories to only allow committers read/write access, rights assignment under the ASL for
our repositories is properly enforced/managed.

Thanks,
-John

> 
john.burwell@shapeblue.com 
www.shapeblue.com
53 Chandos Place, Covent Garden, London VA WC2N 4HSUK
@shapeblue


On Jun 9, 2016, at 1:46 PM, Pierre-Luc Dion <pdion891@apache.org> wrote:
> 
> Hi Ron,
> 
> As far as I know, ICLA and CCLA is required for commiters, but not required
> for non-commiters contributors. I don't know about all details, someone
> else in the ML might have more details about this. For sure, you can be a
> contributor without submitting code as a anyone in this ML is consider as a
> contributor.
> 
> Cheers,
> 
> 
> On Thu, Jun 9, 2016 at 11:46 AM, Ron Wheeler <rwheeler@artifact-software.com
>> wrote:
> 
>> As part of a discussion during last weeks meeting in Mpntreal, the
>> question was raised about the requirement to have an Individual Contributor
>> License Agreement (ICLA) for each contributor.
>> 
>> http://www.apache.org/licenses/ describes the requirements as follows:
>> 
>> "The ASF desires that all contributors of ideas, code, or documentation to
>> any Apache projects complete, sign, and submit (via fax or email) an
>> Individual Contributor License Agreement (ICLA). The purpose of this
>> agreement is to clearly define the terms under which intellectual property
>> has been contributed to the ASF and thereby allow us to defend the project
>> should there be a legal dispute regarding the software at some future time.
>> A signed ICLA is required to be on file before an individual is given
>> commit rights to an ASF project.
>> 
>> For a corporation that has assigned employees to work on an Apache
>> project, a Corporate CLA (CCLA) is available for contributing intellectual
>> property via the corporation, that may have been assigned as part of an
>> employment agreement. Note that a Corporate CLA does not remove the need
>> for every developer to sign their own ICLA as an individual, to cover any
>> of their contributions which are not owned by the corporation signing the
>> CCLA."
>> 
>> There is a split between desirable and mandatory.
>> 
>> I am not sure that the argument that submitting a PR is a clear sign of
>> intent to give up all rights, has ever been tested in a court but it is
>> much easier to have an signed ICLA for each contributor.
>> 
>> A CCLA for each company that is either paying people to work on the
>> project or has a clause in their employment contract giving the company
>> rights to all IP created during their employment is required. This removes
>> any ambiguity about the individual's right to make a PR.
>> 
>> It is a little bit of housekeeping to keep track of the list of
>> contributors with ICLA's. A wiki page listing the contributors is a simple
>> solution.
>> 
>> https://cwiki.apache.org/confluence/display/OFBIZ/Apache+OFBiz+Contributors
>> is what we did at OFBiz.
>> 
>> The ICLA and CCLA is good for all Apache projects.
>> 
>> Ron
>> 
>> --
>> Ron Wheeler
>> President
>> Artifact Software Inc
>> email: rwheeler@artifact-software.com
>> skype: ronaldmwheeler
>> phone: 866-970-2435, ext 102
>> 
>> 

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