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From "Lawrence Rosen (Commented) (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-100) Modifications to CCLA for the National Security Agency
Date Thu, 29 Sep 2011 19:23:46 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-100?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13117553#comment-13117553
] 

Lawrence Rosen commented on LEGAL-100:
--------------------------------------

> Doug Cutting commented on LEGAL-100:
> Sam, Larry: any thoughts about this?

I do not believe the changes to the CCLA are needed nor advisable. 

> The modifications include a broadening of the definition of "You" and
> "Your" to include owners of contributions not subject to copyright, and
> a limit on the copyright license to the material for which copyright
> exists.

We do not need permissions from "the owners of contributions not subject to copyright." Indeed,
they are not copyright owners. What does NSA believe they are the owners of?

A copyright license is already limited to material for which copyright exist; nothing else
needs a license. Please stop asking us to acknowledge that we can use what is free for the
taking.

If NSA wants to establish a broader relationship with Apache than the CCLA calls for, please
let us know what that is. Otherwise, we just need a license to whatever copyrights they actually
own, and the existing CCLA is perfectly adequate for that.

/Larry

                
> Modifications to CCLA for the National Security Agency
> ------------------------------------------------------
>
>                 Key: LEGAL-100
>                 URL: https://issues.apache.org/jira/browse/LEGAL-100
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Adam Fuchs
>
> In preparation for contributing Accumulo to the incubator, the National Security Agency
has submitted a modified version of the CCLA. The modifications include a broadening of the
definition of "You" and "Your" to include owners of contributions not subject to copyright,
and a limit on the copyright license to the material for which copyright exists. We would
like to know if this modified CCLA is acceptable to cover our participation as Apache committers.
The modified paragraphs follow:
> ...
>     "You" (or "Your") shall mean the copyright owner, the owner of a
>     contribution not subject to copyright, or legal entity authorized by
>     the copyright owner that is making this Agreement with the Foundation.
>     For legal entities, the entity making a Contribution and all other
>     entities that control, are controlled by, or are under common control
>     with that entity are considered to be a single Contributor. For the
>     purposes of this definition, "control" means (i) the power, direct or 
>     indirect, to cause the direction or management of such entity, whether
>     by contract or otherwise, or (ii) ownership of fifty percent (50%) or
>     more of the outstanding shares, or (iii) beneficial ownership of such
>     entity.
> ...
>  2. Grant of Copyright License. Subject to the terms and conditions
>     of this Agreement, You hereby grant to the Foundation and to
>     recipients of software distributed by the Foundation a perpetual,
>     worldwide, non-exclusive, no-charge, royalty-free, irrevocable
>     copyright license to reproduce, prepare derivative works of,
>     publicly display, publicly perform, sublicense, and distribute
>     Your Contributions and such derivative works, to the extent that
>     copyright exists in the Contribution(s).
> ...

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