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From Benson Margulies <bimargul...@gmail.com>
Subject Re: [legal] ICLA paragraph 7
Date Fri, 12 Aug 2011 23:15:24 GMT
restating options: author attaches to jira and checks feather. a bit
big, but within pmc discretion. or, author prefers SGA insofar as it
does not create ongoing relationship. Or, pmc comes up with some other
scheme to document voluntary / intent to contribute.

On Aug 12, 2011, at 6:51 PM, Andy Brown <andy@the-martin-byrd.net> wrote:

> Craig L Russell wrote:
>> Normally, paragraph 7 is used to allow commits of code from
>> non-committer contributors such as patch writers, before they become
>> committers on projects.
>>
>> It's not normally used for bulk submissions of code.
>>
>> More below...
>>
>> On Aug 12, 2011, at 11:06 AM, Michael Stahl wrote:
>>
>>> hi legal-discuss,
>>>
>>> i've got a question as to what extent an ICLA from the copyright
>>> holder is required for code contributions.
>>>
>>> the ICLA contains this paragraph:
>>>
>>>> 7. Should You wish to submit work that is not Your original creation,
>>>> You may submit it to the Foundation separately from any
>>>> Contribution, identifying the complete details of its source and of
>>>> any license or other restriction (including, but not limited to,
>>>> related patents, trademarks, and license agreements) of which you
>>>> are personally aware, and conspicuously marking the work as
>>>> "Submitted on behalf of a third-party: [named here]".
>>>
>>> so it seems to me that an ICLA from the copyright holder is not an
>>> absolute requirement to contribute to Apache.
>>
>> Right. Small amounts of contributions are allowed without an ICLA.
>>>
>>> is there any restriction in scope or otherwise for this paragraph?
>>
>> No, it's somewhat vague. But the intent is that the contribution is
>> voluntary and small in scope (whatever that means to the contributor).
>>>
>>> what exactly are the process requirements?
>>
>> Projects have different processes, but a common practice is that the
>> author contributes code via a JIRA specifically marking the work as a
>> contribution (tick box).
>>>
>>> my assumption is that the Committer must ask the potential contributor
>>> whether they actually hold the copyright.
>>
>> Yes.
>>>
>>> i guess "submit it separately" means that it must be its own SVN
>>> commit, not mixed with anything the Committer wrote him/herself.
>>
>> Yes.
>>>
>>> is it sufficient to put something like this into the SVN commit message:
>>> "Submitted on behalf of a third party: [author name]; no licensing
>>> restrictions"
>>>
>>> context:
>>> a volunteer who is currently working in GSoC over at LibreOffice (who
>>> has not signed an Apache ICLA) has given me permission to contribute a
>>> bunch of makefiles that he wrote, with no licensing restriction.
>>
>> This sounds like a contradiction. If there are ~1000 lines of
>> boilerplate licensing headers, how come there is no licensing
>> restriction? Licenses are in large part about restrictions. The most
>> common restriction is the requirement to include the licensing terms
>> themselves in downstream distributions. This is not an onerous
>> requirement but it is a restriction. Even the DWTFYW license
>> http://sam.zoy.org/wtfpl/ has the restriction that you can only change
>> it if you also change the name!
>>
>>> in this case we are talking about ~30 new files, totalling ~2000 lines
>>> (of which ~1000 are the boilerplate licensing headers...).
>>
>> Again, the project has to establish its processes, but the cleanest way
>> to handle it is for the author to submit the contribution via a JIRA.
>> Some people think the JIRA route is easier than any other.
>>
>> IMHO 2000 lines of code is borderline for a submission without an ICLA.
>> Best to discuss on your project mail list and have the project decide.
>
> Michael did bring this up in the dev list and was asked to bring the question to this
list.
>
> Andy
>
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