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From "Benson Margulies (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-93) Contributions from the US Federal Goverment
Date Thu, 14 Jul 2011 02:15:59 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-93?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13065010#comment-13065010
] 

Benson Margulies commented on LEGAL-93:
---------------------------------------

Larry,

Can you cite precedent for 'work with US government agencies all the time,' or show a CCLA-ish
document from one of them? Note that, for example, when I've done work on behalf of the government
at the ASF, the particular arrangements allowed for me, as an employee of contractor claiming
'commercial rights', to assert copyright and then grant under my employer's ccla and my icla.
That's not going to be the case this time.

A precedent and example might make it easier to guide this particular bit of government into
delivering what you ask for, if, as per the immediate previous contribution, we really need
a grant.

I can tell you from personal experience that getting legal documents signed by someone with
authority to sign them in this neighborhood can be a rather extended struggle.

I think that it would be fairly straightforward to get two things: (1) source code notices
that state the provenance as a government-owned, and thus uncopyrightable, work, and (2) iclas
from the committers. I'm not claiming, so far, that something along the lines of a CCLA would
be impossible, just that it might take time and pain, and I'd like to spare the people involved
the pain if I can.

--benson




> Contributions from the US Federal Goverment
> -------------------------------------------
>
>                 Key: LEGAL-93
>                 URL: https://issues.apache.org/jira/browse/LEGAL-93
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Doug Cutting
>
> Some folks who work for the US federal government want to contribute a codebase to Apache,
through the Incubator.  The US government is not permitted to claim copyright over works it
creates.  The Incubator requires a CCLA or Software Grant for codebases brought to Apache.
 Both of these forms require that the author grant a copyright license to Apache, but I don't
see how this is possible when the author is the US Government, which does not hold copyright.
 What's our process in this case?
> Similarly, how can an employee of the US Federal Government file an ICLA, since that
also requires a grant of copyright license?

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