www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From Martijn Dashorst <martijn.dasho...@gmail.com>
Subject Re: ICLA required?
Date Mon, 16 Mar 2009 09:28:51 GMT
Is the owner C or the Company of C?

IMO, the owner of said code is Company of C, not C (unless C *is* the
company). Since C is not original author of the contribution, the code
should be covered by a software grant, or by an ICLA (and possibly a
CCLA)

Martijn

On Sun, Mar 15, 2009 at 11:02 PM, Rainer Döbele <doebele@esteam.de> wrote:
> Hello everyone,
>
> on our Empire-db project
> (http://incubator.apache.org/projects/empire-db.html) we recently had a
> discussion about an incident which we could not finally resolve.
> We hope that someone here on this forum could give us a proper legal advice
> on the issue.
>
> Here is the case:
>
> A committer "C" of Empire-db had the idea to create and provide an example
> application that demonstrates how to use Apache Empire-db together with
> Apache CXF. Initially he intended to write the code himself, but then he
> found himself too busy and never really got around doing it. So he decided
> to ask a student "S" instead to write the code for him using his templates
> and ideas. S then wrote the code with a little aid of C and he got paid for
> it. The work contract S had with C said that all rights over the code would
> exclusively belong to C. After the work was finished, C contributed the code
> via his SVN account.
>
> Some people now argued, that since S has written substantial parts of the
> code, the ICLA of C was not sufficient and an ICLA for S would also be
> required. C claims that since he is the exclusive legal owner of all rights
> over the code that was submitted, only he could contribute it to the ASF and
> an ICLA for S is from a legal point of view not required, even though S is
> the originator.
>
> Now the question is, is C right or is an ICLA for S really required (and if
> so, why?)
>
> Thanks for your help.
> Rainer
>



-- 
Become a Wicket expert, learn from the best: http://wicketinaction.com
Apache Wicket 1.3.5 is released
Get it now: http://www.apache.org/dyn/closer.cgi/wicket/1.3.

---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org


Mime
View raw message