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From Sam Ruby <ru...@intertwingly.net>
Subject Re: Comcast questions re: CCLA
Date Wed, 24 Jul 2013 03:42:06 GMT
On Tue, Jul 23, 2013 at 10:39 PM, Greg Stein <gstein@gmail.com> wrote:
> On Tue, Jul 23, 2013 at 8:36 PM, Sam Ruby <rubys@intertwingly.net> wrote:
>>...
>> I encourage Melissa to review section 4 of the ICLA and work with the
>> individual(s) who would be expected to sign the ICLA.  If, after
>> reading that section, she may very well determine that no CCLA is
>> required.
>
> Another way to phrase it is that the ICLA effectively gives the
> Foundation what we need. The CCLA is more about a company stating the
> employee has the right to contribute, but *we* don't really need a
> CCLA. The ICLA already asserts the employee has the right (through
> whatever employer/employee relationship or contract). The CCLA is more
> about corporations clarifying/formalizing that relationship for
> themselves and their employees.
>
> I kinda call it a "feel good" thing for companies, rather than
> something the Foundation requires.

It is a bit more complicated than that, though the end result is
roughly the same.

Depending on employment contracts and applicable local laws, the
employee may not have the necessary rights to the relevant IP.  In
which case, all we require is that such an employee represent that
their contributions are covered by a CCLA (section 4) and that they
will notify the foundation should their circumstances change (section
8).

Things the ASF will NOT do: evaluate employer/employee contracts, keep
up with local laws, or in any way evaluate or accept claims by an
employer that an ICLA is not needed or appropriate for a given
employee.

That's why we require an ICLA, and will gladly accept a CCLA.

> Cheers,
> -g
> (not speaking for the Foundation...)

- Sam Ruby

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