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From Donald Whytock <dwhyt...@gmail.com>
Subject Re: IP Clearance - transferral or licensing of copyright ownership?
Date Wed, 21 Sep 2011 16:50:40 GMT
Apologies...shouldn't have cited [6]. Meant to cite [2]:

[2] http://www.apache.org/licenses/software-grant.txt

Good thing IANAL.

Don

On Wed, Sep 21, 2011 at 12:30 PM, Donald Whytock <dwhytock@gmail.com> wrote:
> On Wed, Sep 21, 2011 at 5:27 AM, Sander van der Waal
> <sander.vanderwaal@oucs.ox.ac.uk> wrote:
>> On the other hand, the ASF general FAQ states that the copyright of ASF
>> projects is owned by the ASF, more specifically "The members own the
>> code" [5]. Also the IP Clearance template [6] has a check that says
>> "Check and make sure that the papers that transfer rights to the ASF
>> been received." But it seems that the SGA and *CLAs are just license
>> agreements and don't include a transferral of rights? I must be missing
>> something obvious here but I'm not sure what.
>>
>> [5] http://www.apache.org/foundation/faq.html#who-owns-apache-code
>> [6] http://incubator.apache.org/ip-clearance/ip-clearance-template.html
>
> <ianal>
> Actually, [5] says, "All software developed within the Foundation
> belongs to the ASF, and therefore the members."  Software contributed
> to the ASF would not, I would think, count as "developed within".
>
> On the other hand, code contributed through the SGA conveys "a
> non-exclusive, worldwide, royalty-free, irrevocable  copyright license
> to reproduce, prepare derivative works of, publicly display, publicly
> perform, distribute and sublicense, internally and externally, the
> Software". [6] I would think that this means the moment ASF makes any
> change at all to a contribution -- including adding an ASF copyright
> notice -- that makes it a derivative work, developed within the ASF,
> and therefore belonging to its members.
>
> And the spirit of the SGA seems to sufficiently express this that
> people contributing under the SGA thereby express consent for it to
> happen.  The only time this would not be the case is if the
> "contributor" is "contributing" something he has no right to so
> contribute.  That isn't a fault of the SGA.
> </ianal>
>
> Don
>

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