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From Doug Cutting <cutt...@apache.org>
Subject Re: CCLA: "by combination" language
Date Fri, 02 Jun 2006 04:23:09 GMT
Jeffrey Thompson wrote:
> Doug Cutting <cutting@apache.org> wrote on 06/01/2006 11:53:21 AM:
>  > I don't follow this.  The License is an agreement between the ASF and
>  > users of Apache software, while the CCLA is an agreement between the ASF
>  > and contributing companies.  I don't see how the license alone can
>  > enforce the patent grant on a contributor.  
> 
> The contributor is submitting the material to Apache under the license. 
> So, the license is also an agreement between the contributor and ASF 
> and the contributor and all users of Apache software.

You're saying that by slapping the ASF license onto the contribution, 
the contributor grants a license to any patents implemented by it.  And 
if the contributor is paid to do this, then his employer is implicitly 
granting patents that are infringed by the contribution.  Is that right?

So, by this logic, I see how the CCLA is not required.  It provides a 
clearer paper trail, but doesn't actually change the situation much. 
The license alone is sufficient.

This raises the question, if the license is sufficient, why is the ICLA 
required?  Is this because a committer may contribute only a single line 
of code, which might not have the license attached to it, or might 
neglect to attach the license to a file, etc.  Is that right, or is 
there some more compelling reason to require the ICLA?

Thanks,

Doug

[These are my opinions, not those of my employer.]

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