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From Alex Harui <aha...@adobe.com>
Subject Re: Donating Spark-Material to Apache Flex (was "Spark components with Material Design")
Date Wed, 09 Nov 2016 18:30:56 GMT


On 11/9/16, 9:52 AM, "Rui Cruz" <info.ruicruz@gmail.com> wrote:

>Hi Alex,
>
>My contract is a simple general contract (like any other employee here
>being a developer or not). This is not a "software" company, and all
>developments made are for own company use / company customers use. So no
>legal problems here. And also there is no problem for the company to sign
>the ccla, my question is: If the company signs the agreement saying that
>"authorize" me to donate, makes them the "owner" of the code? this is
>really messy! :\ but if it's required I'll ask to sign.

AIUI, at the moment when you commit a change to a file, that change is
owned by you or the company depending on existing contracts and default
rules for where you live and work.  Signing the CCLA would not assign any
code owned by you to the company.  And if the company does not own any of
the lines of code, then a CCLA is not needed.

So really, it comes down to what agreement was in place when code was
written.  It might be important if you started this library before you
started working for this company.  And it might depend on whether the
company would want to claim ownership for work on libraries that are not
specific to their line of business.  Adobe's agreement has some language
about "related to Adobe's business objectives".  Because Adobe has such a
broad software portfolio, that's why just about everything I write is
owned by Adobe.  Although one could argue that if I wrote non-Flex code
for a TV remote control, that Adobe might not care.

Another way to think of it is this:  If in writing software for your
company and its customers, did you use any other third-party libraries,
including Apache Flex?  And if you wanted to submit a patch to any of
those libraries, would your company want to claim ownership of that patch
or not?  You might need to have a conversation with someone with authority
at your company and get an answer in writing.

In summary, the CCLA is not an assignment.  Ownership is established when
code is changed.  But we need to understand if your company owns any code
in that repo in order to know if a CCLA is needed.

HTH,
-Alex

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