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From "Sam Ruby" <ru...@intertwingly.net>
Subject Re: a note about indirect contributions
Date Tue, 22 Apr 2008 21:11:46 GMT
On Tue, Apr 22, 2008 at 2:42 PM, Roy T. Fielding <fielding@gbiv.com> wrote:
> On Apr 22, 2008, at 10:56 AM, Gianugo Rabellino wrote:
>
> > On Apr 22, 2008, at 5:21 PM, Doug Cutting wrote:
> >
> > > Sam Ruby wrote:
> > >
> > > >
> > > > > (to be perfectly clear, this is not the situation with Sourcesense
> and Microsoft)
> > > > >
> > > > Agreed.  This particular scenario does not seem to directly apply to
> Sourcesense and Microsoft.  Separately, Roy has posted on poi-dev
> > > >
> http://mail-archives.apache.org/mod_mbox/poi-dev/200804.mbox/%3c5D4680C0-1DF8-436B-8BBC-44CF62EBFBF9@gbiv.com%3e
> > > >
> > >
> > > I don't see evidence in that message for the assertion that this does
> not apply.  Roy states there that, "if SourceSense is indeed being
> contracted by Microsoft for the purpose of contributing to POI, then
> Microsoft is a Contributor and bound by the terms of our license".
> > >
> > > So the bit of information I am missing is precisely what Microsoft has
> contracted with Sourcesense.  The press seems to imply the contract includes
> POI, doesn't it?
> > >
> > >
> http://www.microsoft.com/presspass/press/2008/mar08/03-25SourcesensePR.mspx
> > >
> > > What am I missing?
> > >
> >
> > A long thread on dev@poi where the one and only relevant detail of the
> agreement was posted: Sourcesense retains the copyright to their
> contribution.

If the copyrights are held by Sourcesense, then perhaps a CCLA from
Sourcesense is in order?  Just so that there is no misunderstanding,
I'm not suggesting that there is any urgency to the request.  And if a
CCLA is in place and I have simply been unable to locate it, I'll
offer my apologies in advance.

>  Please read my message again, Gianugo.  The CLAs are both copyright and
> patent
>  licensing agreements, and Contributor is well defined by those agreements.
>  If you commit code that is covered by a Microsoft-controlled patent while
> you
>  are under contract with Microsoft to contribute to POI (no matter how
> vaguely
>  that is specified by Microsoft), then you are licensing Microsoft's
> intellectual
>  property as a joint Contributor.  If you don't have permission to do that
> from
>  Microsoft, then you are responsible for the resulting infringements -- not
> the
>  ASF and not anyone who later receives software from the ASF.  You are
> responsible
>  for ensuring that your contract with Microsoft is sufficient to allow you
> to
>  contribute under the ASF's CCLA.  Whether or not Microsoft also owns or
>  does not own the copyright is completely irrelevant -- it does not shield
>  Microsoft from being a willing party in the Contribution and the resulting
>  license of necessary patent claims.
>
>  By issuing that PR, Microsoft has acknowledged their intention and consent
>  for the technology to be a Contribution.  Sam, I suggest you print it out
> and
>  save it in our records, just in case.  Microsoft's clear intent to
> contribute
>  these technologies by "Donating code to an established, consensus-driven
>  organization such as the Apache Software Foundation" is more than enough
>  to stop any later claim of patent (monopoly) infringement.

https://svn.apache.org/repos/private/foundation/legal/IndirectContributions/Microsoft-Sourcesense-POI.txt

>  ....Roy

- Sam Ruby

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