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From "Lawrence Rosen (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-93) Contributions from the US Federal Goverment
Date Wed, 13 Jul 2011 03:20:59 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-93?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13064317#comment-13064317

Lawrence Rosen commented on LEGAL-93:

Perhaps we can add a FAQ entry for our CLA procedures:

Q: Do we require CLAs for U.S. Federal Government contributions?

A: Yes, an ICLA or a CCLA is required even if the contribution is the work of a U.S. Federal
Government employee. Such works are in the public domain (17 U.S.C. 105) and we could, if
we wish, simply take those works and copy them for our software purposes. But Apache isn't
just about copyright, it is also about cooperation. Our CLAs indicate the affirmative dedication
of a work by a contributor to Apache and so to the public. We work with agencies and employees
of the U.S. Federal Government all the time (and many other governments and government agencies)
to develop open source software. We distribute our software under the Apache License even
when portions of our software are derived from works in the public domain, and we identify
the original source of those contributions by a CLA.. That is why we require an ICLA or a
CCLA for every contribution to Apache.

> 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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