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From "Roy T. Fielding" <field...@gbiv.com>
Subject Re: contributions and CLAs
Date Thu, 06 May 2004 23:38:41 GMT
> It's also interesting to note that the current ASF license,
> "Apache License 2.0" (http://apache.org/licenses/LICENSE-2.0),
> includes text (see paragraph 5) that basically says that any
> time someone makes a contribution to Apache, they are implicitly
> agreeing to license their contribution under the Apache License.
> It's not completely clear to me how enforceable this is, especially
> relative to a CLA or Software Grant, but it's in there.

It isn't "enforceable" at all (nothing less than a signed contract
is ever truly enforceable, and even then only if there is a clear
agreement that benefits both parties).  It is, however, defensible:
a bad person cannot legitimately claim that they read and
understood the license (a condition necessary for legal redistribution),
submitted contributions, and then expected Apache or its customers
to pay for a copyright or patent license for those contributions.
It sets an expectation on contributions for the community as a whole,
rather than relying only on CLAs from the relatively small subset
of the community that are committers.  In other words, it reduces
our liability, or at least that is the hope.

....Roy


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