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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: ICLA US Government
Date Fri, 07 Mar 2014 19:31:16 GMT
Evan Ward wrote:
> What happens when I have all the necessary permissions to 

> contribute something, but I don't have the authority to copyright it?

 

 

I don't understand that concern. 

 

As long as ASF receives your contribution with sufficient permission from you to offer an
Apache License to our software that includes that contribution, we don't care about your copyright
claims (if any). We'll take copyrighted works, foreign works, works out of copyright, public
domain works, U.S. government works for which copyright is not allowed, etc.... And we'll
say thanks!

 

Your signed ICLA convinces us that you're at least being honest about what you're contributing.
If you have any concern about your authority to contribute something to Apache, get permission
first from whomever you think has that authority. 

 

/Larry

 

 

From: Evan Ward [mailto:evan.ward@nrl.navy.mil] 
Sent: Friday, March 07, 2014 11:03 AM
To: legal-discuss@apache.org
Cc: private@commons.apache.org
Subject: Re: ICLA US Government

 

 

On 03/06/2014 05:16 PM, Ted Dunning wrote:

 

Evan,

 

Doesn't the ICLA put the onus on you to decide what you have the right to contribute and what
you don't have the right to contribute?  Isn't that a sufficient carve-out?

 


I know I have the "right to contribute", but I don't have the right to grant a copyright license.
In that way I don't think it is a sufficient carve-out. What happens when I have all the necessary
permissions to contribute something, but I don't have the authority to copyright it?




 

 

On Thu, Mar 6, 2014 at 2:10 PM, Evan Ward <evan.ward@nrl.navy.mil> wrote:

The helpful lawyers here have informed me that I don't have the
authority to make the agreements spelled out in the original ICLA. I
think signing it would be dishonest, both towards Apache and my
employer. If Apache is unwilling to negotiate or accept a modified ICLA,
then we are out of options.

To be clear, I would be happy to sign the original ICLA if it excluded
the work produced from my official government duties.

As long as Apache still accepts work in the public domain I will
continue to make contributions to [math]. A future thank you to those
who commit my patches.

Cheers,
Evan

On Thu 06 Mar 2014 04:34:47 PM EST, Mattmann, Chris A (3980) wrote:
>
> +1 that is very much my understanding as well.
>
>
> Cheers,
> Chris
>
> -----Original Message-----
> From: Richard Fontana <rfontana@redhat.com>
> Reply-To: "legal-discuss@apache.org" <legal-discuss@apache.org>
> Date: Thursday, March 6, 2014 1:32 PM
> To: "legal-discuss@apache.org" <legal-discuss@apache.org>
> Cc: "private@commons.apache.org" <private@commons.apache.org>
> Subject: Re: ICLA US Government
>
>>
>> I'd redraft that section 2. In any case I understand the longstanding ASF
>> policy is 'use our standard CLAs, no special cases'.
>>
>> ----- Original Message -----
>>>
>>> I got into programming for the tricky logic problems. Look like I should
>>> have been a lawyer. :)
>>>
>>> For another open source project that uses the Apache License and ICLAs,
>>> I joined using a modified ICLA (attached). If we s/CS/Apache/ and
>>> s/Orekit/Commons/ would it be acceptable? I think it clears up the
>>> worldwide issue and explicitly states "public domain with no license".
>>>
>>> Best Regards,
>>> Evan
>>>
>>> On Thu 06 Mar 2014 03:46:31 PM EST, Richard Fontana wrote:
>>>>
>>>>
>>>> But the point is that US government works for which copyright is
>>>> excluded domestically may not have the same exclusion as to copies of
>>>> those same works published in other countries.
>>>>
>>>>
>>>>
>>>
>>> ------------------------------------------------------------------------
>>>>
>>>>
>>>> True, but public domain is a concept in all modern copyright systems.
>>>>
>>>> Moral right treatments differ, but I don't think that the Apache
>>>> ICLA addresses that anyway.
>>>>
>>>> On Thu, Mar 6, 2014 at 5:55 AM, Jim Jagielski <jim@jagunet.com
>>>> <mailto:jim@jagunet.com>> wrote:
>>>>
>>>> We also need to recall that US Copyright Law is not the
>>>> sole one in existence ;)
>>>>
>>>> On Mar 6, 2014, at 2:36 AM, Ted Dunning <ted.dunning@gmail.com
>>>> <mailto:ted.dunning@gmail.com>> wrote:
>>>>
>>>>>
>>>>>
>>>>> You may not be the copyright owner, but you can grant a
>>>>
>>>> license to public domain works.
>>>>>
>>>>>
>>>>> As can I or anyone else.
>>>>>
>>>>> The fact that the the licensee doesn't need the license is
>>>>
>>>> irrelevant.
>>>>>
>>>>>
>>>>>
>>>>
>>>>
>>>>
>>>>
>>>
>>>
>>>
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>
>
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