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Subject: RE: Corporate Contributions
From: Santiago Gala <sgala@apache.org>
To: legal-discuss@apache.org
In-Reply-To: <32D5845A745BFB429CBDBADA57CD41AF0E752617@ussjex01.amer.bea.com>
References: <32D5845A745BFB429CBDBADA57CD41AF0E752617@ussjex01.amer.bea.com>
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Organization: Apache Software Foundation
Date: Fri, 25 Mar 2005 13:13:52 +0100
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El jue, 24-03-2005 a las 16:43 -0800, Jim Barnett escribi=C3=B3:
(...snip...)
> It may be more likely that a UK employee will own the contributions he
> or she develops due to more pro-Employee invention ownership laws,
> that
> increased likelihood of a "clean" contribution still does not address
> the root question:  How does the ASF know that an employee's
> contribution is really "clean" in the absence of a CCLA from his or
> her
> employer?  Even under UK law the question of whether the employee
> worked
> exclusively on his or her own time using his or her own resources
> determines whether the employer or employee owns the contribution.

Basically we trust the signed ICLA we receive. Without further
knowledge, and having into account that Open Source work is done "in the
agora", as Bill said. I think we have a pretty good case, with public
archives of any and each contribution that the employer can spot and
tell us there's something wrong. It the IP was truly relevant to their
business line, they better have a good excuse why they were not able to
do any "corporate intelligence" around core IP, specially in cases where
contributions are continued during several years.

The "submarine" or "unaware" cases are far more probable in code
contributions, which is why we ask for a CCLA for those.

Regards
--=20
Santiago Gala <sgala@hisitech.com>
High Sierra Technology, SLU
--=20
VP and Chair, Apache Portals (http://portals.apache.org)
Apache Software Foundation

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