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From Rainer Döbele <doeb...@esteam.de>
Subject ICLA required?
Date Sun, 15 Mar 2009 22:02:04 GMT
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

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