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From Geir Magnusson Jr. <ge...@apache.org>
Subject Re: Corporate Contributions
Date Fri, 25 Mar 2005 12:43:32 GMT

On Mar 25, 2005, at 7:13 AM, Costin Manolache wrote:

> On Fri, 25 Mar 2005 10:50:25 +0000, robert burrell donkin
> <rdonkin@apache.org> wrote:
>
>> US employment law seems pretty clear and requiring CCLAs from
>> contributors employed in the US sounds like a very good idea. in other
>> jurisdictions, though, employment law is very different. an enhanced 
>> CLA
>> for some jurisdictions may be a better idea.
>>
>
> Requiring CCLAs may restrict the pottential contributors to those
> working for the few large corporations that do open source ( sun, ibm,
> etc ), or are unemployed/self employed.

You'd have no need for it w/ unemployed or self-employed, so it 
wouldn't restrict.  The point isn't to have a CCLA from everyone, but 
one from those that are employed.  The point also isn't to make things 
unnecessarily burdensome, but I think there are some realities that we 
have to deal with.

> In many companies it is quite
> hard to get such a thing done - especially when the open source
> project has  nothing to do with the  company and it's done as a hobby.

Indeed, but I would think that would be the *easy* one to get.  Many 
large companies have inventions agreements that cover *everything* you 
do, even if not directly related to your job, because the company is so 
big, and their technology interests so far-reaching.

>
> Just try going to your manager and ask him to get involved with the
> company legal department and get a CCLA signed ( that is probably
> generic and applies to the entire company ) - so you can do your hobby
> in your free time. ( I want to go fishing, but I need a legal paper
> that says the comany is giving up the rights to all the fish me or any
> other employee will catch :-)

Well, IIRC, you work for Motorola.  (Or did at one point..)  I'd be 
surprised if there wasn't such a policy in place already, or you don't 
have an inventions agreement that doesn't cover all that you do.

>
> Does it matter that the project you work on has nothing to do with
> what you are working on in your job ? Or anything I do in my free time
> is owned by the company ?

I think it depends on the contract you signed, and the state laws, but 
IANAL.

geir

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


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