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From "Gilles Scokart" <gscok...@gmail.com>
Subject Re: [RESULT][VOTE] Arnuad Simon as committer for Qpid
Date Wed, 30 May 2007 07:16:52 GMT
My understanding is that ASF provide us some kind of 'legal'
protection (I don't know which one) provided that you have send your
ICLA.  Isn't it a type of contract?

Gilles

2007/5/30, Niclas Hedhman <niclas@hedhman.org>:
> On Wednesday 30 May 2007 12:42, William A. Rowe, Jr. wrote:
> > Mmm - bzzz - that's incorrect. You'll recall you signed a legally binding
> > document to become a committer?
>
> Hmmmm... Now when you mention it, it is actually quite interesting.
>
> First of all the ICLA is not a contract (from the little I know of contract
> law there must be 'something for something' exchanged between two parties),
> it is a license. "I" voluntarily provide rights[1] to ASF. It is for ASF to
> use those rights or not to its own discretion. Right?
>
> So, anyone can actually fax that license to the Secretary of ASF, and by
> filing the license in the foundation's records, ASF still has no
> contractual/legal obligation towards the sender of the fax. ASF never enters
> a contract with the committer.
>
> The act of signing and faxing the license to ASF, is not something that the
> PMCs can oversee (other than "don't grant commit rights if no CLA on file"),
> as that is for the individual to do. He/she got the "legal consequence" as
> soon as that document reaches ASF.
>
> So, I honestly fail to see where it becomes a "legal consequence" to the _ASF_
> that a person is provided commit access to a codebase. It is definately not
> in the act of sending the CLA. Allowing the user to commit, doesn't look like
> a legal action either, and if 'reception of a commit' is the actual legal
> act, then every commit must be under the microscope of the PMCs and becomes
> unmanagable, and the CLA is there to prevent that.
>
> Perhaps you can provide a better angle.
>
>
> [1] Also that IP rights you contribute is yours to do so, and if not it is
> your fault and not ASF's. You effectively indemnify ASF against claims on IP
> rights you have committed to the codebases.
>
>
> Cheers
> --
> Niclas Hedhman, Software Developer
>
> I  live here; http://tinyurl.com/2qq9er
> I  work here; http://tinyurl.com/2ymelc
> I relax here; http://tinyurl.com/2cgsug
>
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>


-- 
Gilles SCOKART

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