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From "Renaud BECHADE" <renaud.bech...@numerix.com>
Subject RE: [Legal] Requirements for Committers
Date Wed, 08 Jun 2005 01:34:47 GMT

It is quite similar in French law (soft copyright law being a derivative of
usual author copyright law: "author's right belongs to the author, period;
usage right can be granted/sold/etc. but NOT the author's property"). Not
sure about Japanese law (I am living in Japan and France :-)).

I guess we should not try to have legal stances that are just too obscure or
absolute (and hence just not compatible with some countries laws).

Sorry this is more like a problem than a solution, but it would be a pity to
be deep in the XXXX because we ignore laws diversity.

-----Original Message-----
From: Tor-Einar Jarnbjo [mailto:Tor-Einar@Jarnbjo.de] 
Sent: Wednesday, June 08, 2005 8:01 AM
To: harmony-dev@incubator.apache.org
Subject: Re: [Legal] Requirements for Committers

Geir Magnusson Jr. wrote:

> 8) Employment Limitations
>    Are you employed as a programmer, systems analyst, or other
>    IT professional?  If so, you may be an commiter
>    only if your employer either:
>    a) signs a Corporate Contribution License Agreement with Apache
>       and lists you as a designated employee or
>    b) submits a written authorization for your participation in this
>       project and disclaims any copyright or confidentiality interest
>       in your current or future contributions to this project.

IANAL, but this is a really tricky part, as different laws apply 
depending on where the contributor lives. Most countries have a 
different approach on this subject than the anglo-american copyright, 
namely the "author's right".

For my part, living in Germany, there is no way for my employer (even 
though I'm employed as a software developer) to claim any rights on work 
I'm doing in my spare time and there is no legal way for me to disclaim 
or overdraw my author's right on any work I've done. Even the author's 
right on the work I'm doing for my employer stays with me, all they can 
claim is an exclusive right to _use_ the code.

I have been working on a few smaller projects lately, which may be of 
interest to the Harmony project, and I would find it a pity, if your 
legal requirements makes it difficult for me to contribute.


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