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From Engel Nyst <engel.n...@gmail.com>
Subject Re: On submission of contributions clause
Date Sat, 02 Feb 2013 11:05:31 GMT
Hello legal-discuss,

Thank you for your answer.

On 1/31/13, Henri Yandell <bayard@apache.org> 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?

I understand that modifying licenses is usually not a good idea. And,
of course, I'm not asking for legal advice. Your help to figure out
better why this extra phrase was added to Apache License, and the
potential consequences of removing it, is very appreciated.

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