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From Henri Yandell <he...@yandell.org>
Subject Re: On submission of contributions clause
Date Mon, 04 Feb 2013 08:15:09 GMT
On Saturday, February 2, 2013, Engel Nyst wrote:

> Hello legal-discuss,
> Thank you for your answer.
> On 1/31/13, Henri Yandell <bayard@apache.org <javascript:;>> wrote:
> > I assume it's to stop this section clashing with the CLA. ie) Most
> > contributions back to Apache are under the CLA and not the Apache 2.0
> > license.
> Regarding the license contributions are under, I might misunderstand
> the language.
> In my reading, Apache receives AL 2.0 grant from Contributor. In
> addition, the CLA grant to ASF is also in action.
> "Notwithstanding the above" tells me they're both in action (as they
> would anyway), not that AL 2.0 is no longer granted.
> From both licenses it receives, Apache chooses the CLA grant, as a
> matter of policy...
> Then, if I understand correctly, the purpose of the extra phrase is to
> make very clear that ASF doesn't have to follow the conditions of the
> Apache License, under any circumstances.
> Considering how widespread CLAs like iCLA are, in many projects
> (non-Apache), and their very broad and almost unconditional grant, I
> admit I find this point interesting. I wonder if the CLA-holding
> entity can be reasonably expected to follow a license modified to:
> > Unless You explicitly state otherwise when making the Contribution, any
> Contribution intentionally submitted for inclusion in the Work by You to
> the Licensor shall be under the terms and conditions of this License,
> without any additional terms or conditions.
> In case the (modified) license grant clashes with the CLA license
> grant, in some way, then the CLA-holding entity could be expected to
> follow the (modified) license?

Why would the CLA holding entity want that? It limits them. For example,
GPL 2.0 projects wouldn't have been able to move to GPL 3.0.


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