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From Ben Laurie <...@links.org>
Subject Re: [legal] ICLA paragraph 7
Date Sat, 13 Aug 2011 16:28:00 GMT
On Sat, Aug 13, 2011 at 4:20 AM, Rob Weir <apache@robweir.com> wrote:
> 3) Another view is that GPLv3 (or any other license) is sufficient and
> any agreements beyond that are redundant at best.   Presumably, the
> counter argument is that the license is only sufficient for works
> where the contributor has the necessary rights to attach an open
> source license.

Only true if the licence allows re-licensing under the Apache Licence.
Which is not the case for GPLv3.

>
> 4) Finally, and probably related to 3 above, is the view that the iCLA
> only benefits large corporations.  It reduces their risk for any
> copyright infringement by putting the burden on the contributor to
> ascertain their rights to contribute a work.  But why should the
> individual contributor take on additional risk in order to benefit
> large corporations who are just going to use their efforts? I'm not
> sure I have the best counter argument for this.  I've been saying that
> the contributor is in the best possible position to know whether their
> contribution is original.

AFAICS, the contributor only has to check with their employer, should
their employer have rights to the contribution - presumably they
should be checking this anyway. Anything else is "of which you are
personally aware" which only requires checking your brain.

Also, I should point out that (some) large corporations are
substantial contributors to open source, and making it hard for them
to contribute is not in the best interests of the community.

The Apache Licence does not deal with the "issue" of leeching, by
design. This is because we felt it was the best way to encourage
contribution. Others may disagree, in which case they should not
contribute to AL-ed projects.

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