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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: Corporate Contributions
Date Sun, 20 Mar 2005 21:24:21 GMT
Greg Stein wrote:
> But legalese be damned... the philosophy and intent of the ASF is to
> accept IP from individuals. Only.

Legalese cannot be damned so easily. The fact is that the individual's
employer automatically owns the IP and the individual cannot legally
contribute the software to ASF or anyone else without her employer's
permission. Under the law in the United States, it is the employer's
contribution to make or to refuse. (17 USC section 201(b).)

/Larry

Lawrence Rosen
Rosenlaw & Einschlag, technology law offices (www.rosenlaw.com)
3001 King Ranch Road, Ukiah, CA 95482
707-485-1242  ●  fax: 707-485-1243
Author of “Open Source Licensing: Software Freedom 
               and Intellectual Property Law” (Prentice Hall 2004)
 
> -----Original Message-----
> From: Greg Stein [mailto:gstein@lyra.org]
> Sent: Saturday, March 19, 2005 10:01 PM
> To: Phil Steitz
> Cc: legal-discuss@apache.org
> Subject: Re: Corporate Contributions
> 
> On Sat, Mar 19, 2005 at 10:42:28PM -0500, Phil Steitz wrote:
> >...
> > That's what I thought, and that's what the licenses web page
> > (http://www.apache.org/licenses/#clas) says, but the text of the CCLA
> > begins like this:
> >
> > Thank you for your interest in The Apache Software Foundation (the
> > "Foundation").  In order to clarify the intellectual property license
> > granted with contributions of software from any person or entity
> > (the "Contributor"), the Foundation would like to have a Contributor
> > License Agreement on file that has been signed by the Contributor,
> > indicating agreement to the license terms below.  This license is for
> > your protection as a Contributor of software to the Foundation and does
> > not change your right to use your own contributions for any other
> purpose.
> >
> > In this case the signatory is the corporation.  The language would seem
> > to suggest that the corporation is in fact contributing directly.
> 
> The legal language would say that because the corporation is the original
> owner of the IP. The CCLA is intended to enable the individuals to sign
> their ICLA, which states the individual has the right to provide the IP to
> the ASF.
> 
> >From a legal standpoint, the CCLA is saying the corp can contribute, but
> we don't accept contributions from them. Instead, we accept the
> corporations's IP from individuals (their employees). We accept that
> contribution under the language of the ICLA.
> 
> But legalese be damned... the philosophy and intent of the ASF is to
> accept IP from individuals. Only.
> 
> Cheers,
> -g
> 
> --
> Greg Stein, http://www.lyra.org/
> 
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