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From "Geir Magnusson Jr." <ge...@apache.org>
Subject Re: [Legal] Requirements for Committers
Date Wed, 08 Jun 2005 02:40:46 GMT

On Jun 7, 2005, at 9:34 PM, Renaud BECHADE wrote:

>
> 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.

Which aspect?  We're not ignoring diversity here.  We're trying to  
get started figuring out what to do.  We'll have to consult the ASF  
legal team, but the issues of the CCLA is universal at the ASF anyway.

The issues won't go away if we just try and ignore them.

geir


>
> -----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.
>
> Tor
>
>

-- 
Geir Magnusson Jr                                  +1-203-665-6437
geirm@apache.org



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