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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 Fri, 30 Sep 2011 03:05:46 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-100?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13117842#comment-13117842

Lawrence Rosen commented on LEGAL-100:

> While the government does not hold
> copyright for such works, it could hold patents for such works.  NSA
> wants to be able to grant Apache a patent license without implying that
> copyright exists on the material.

The CCLA does that. It doesn't require that a contribution be copyrighted before a patent
license is granted for that contribution.

> Perhaps the patent license would be
> unnecessary until such time as NSA actually held or applied for a
> patent on the relevant material?  

The CCLA doesn't require that there actually be patent claims at stake. The patent grant would
be nugatory until NSA actually held relevant patents.

> Would it then be possible for
> government employees to be Apache committers without a CCLA from their
> employer?  

I suppose they can be individual contributors under an ICLA, but then the government might
have some issues controlling their activities at Apache.

> Or could we add the proposed unacceptable modifications to
> the CCLA in some acceptable way that doesn't involve changing the main
> text (e.g. in Schedule A or B)?  

It is either a modification or it is not. We don't play subtle games with our CLAs just to
fool folks into thinking it isn't changed..

I'm sorry, I still don't understand what *real* problem NSA is trying to solve by revising
our CCLA. May I be so bold as to suggest that the government lawyers you are talking to don't
understand copyright and patent licensing or the public domain in the context of open source.
I'll be glad to speak directly with whatever government attorney is suffering from licensing
heartburn. The CCLA is fine as it is for the purposes NSA intends.

If any lawyer on this list disagrees with me, now would be a great time to speak up.


> 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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