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From Costin Manolache <cos...@gmail.com>
Subject Re: Corporate Contributions
Date Fri, 25 Mar 2005 13:25:12 GMT
On Fri, 25 Mar 2005 07:43:32 -0500, Geir Magnusson Jr. <geirm@apache.org> 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.

Except for the lucky self-employed and unlucky unemployed - it is usually very 
burdensome to deal with management/legal/beaurocracy - especially when
you're doing it
so you can do something on your free time.



> 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.

I'm not sure inventions and copyright is in the same bucket, but yes -
probably everyone
signs a contract that is bigger than windows EULA. 

At least for me it was very hard to get even the ICLA signed - most
managers care more about what you do for the company, and less about
your hobbies. Most people ( including legal dept, etc ) are busy with
the real work. I don't know if motorola has a CCLA on file ( I hope
someone did this ) - but I wouldn't  go again through this.


> 
> >
> > 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.

Good to know that at least europeans can go fishing without a company waiver...

Costin

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