www-legal-discuss mailing list archives

Site index · List index
Message view « Date » · « Thread »
Top « Date » · « Thread »
From Greg Stein <gst...@gmail.com>
Subject Re: Advice on how to address an objection to our CCLA
Date Fri, 04 Mar 2011 17:54:51 GMT
To make this even more succinct: the ASF does not require a CCLA. As
long as the committer (employee) can contribute under the ICLA, then
the ASF has everything it needs.

We simply don't know the (contractual) relationship between the
employee and employer, nor do we care. As long as the employee is not
fraudulently committing code against his signed ICLA, then all is
good.

Cheers,
-g

On Fri, Mar 4, 2011 at 10:40, Ralph Goers <ralph.goers@dslextreme.com> wrote:
> Note the wording on http://www.apache.org/licenses/#clas. All committers must submit
an ICLA. For a corporation that has assigned employees to work on an Apache project, a Corporate
CLA (CCLA) is available.
>
> When the individual signs the ICLA they are saying that they have the right to commit
everything they commit.  If the individual commits something they had no right to it will
need to be removed no matter whether it was their employers or someone else's.  If the individual
has verbal assurance from their boss that they can commit but then they get a new boss or
some other change occurs the individual is at somewhat of a risk.  The CCLA protects the
individual from that happening.  It isn't required that all committers submit one but does
protect those who can get their employer to do so.  If the corporation doesn't submit a CCLA
than the burden falls on the committer and their ICLA.
>
> Ralph
>
> On Mar 4, 2011, at 5:09 AM, Ross Gardler wrote:
>
>> An employer of a potential committer feels unable to sign the CCLA. I'm wondering
how best to address this with their legal department.
>>
>> Their issue is with Section 5:
>>
>> "You represent that each of Your Contributions is Your original creation (see section
7 for submissions on behalf of others)."
>>
>> The concern is that the employer does not feel able to make this assertion. They
feel that they would have to establish and enact procedures to carry out their own due diligence
before being able to do so.
>>
>> Any suggestions about how I might alleviate their concerns?
>>
>> The employer is willing to allow their employee to sign the ICLA and contribute without
a CCLA. Assuming the employer owns copyright I believe this is not possible, is that correct?
>>
>> Ross
>>
>>
>> --
>> rgardler@apache.org
>> @rgardler
>>
>> ---------------------------------------------------------------------
>> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
>> For additional commands, e-mail: legal-discuss-help@apache.org
>>
>
>
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
> For additional commands, e-mail: legal-discuss-help@apache.org
>
>

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


Mime
View raw message