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From Luc Maisonobe <...@spaceroots.org>
Subject Re: ICLA US Government
Date Fri, 21 Mar 2014 19:48:05 GMT
Hi Doug,

Le 21/03/2014 20:31, Doug Cutting a écrit :
> On Fri, Mar 21, 2014 at 12:05 PM, Evan Ward <evan.ward@nrl.navy.mil> wrote:
>> Sorry for the slow reply. I've asked our legal department to reconsider
>> the ICLA in light of our discussion here.
> You don't need your employer's permission to sign an ICLA.  The
> agreement is between you as an individual and the ASF.  It outlasts
> and is independent of your employment.
> You need your employer's permission to contribute work they've paid
> for to the ASF.  Whether you've signed an ICLA or not, the permission
> is the same.  Without the ICLA you're submitting under the Apache
> license, which has the same intent as the ICLA.

If I may intervene here, I think Evan is doing is contribution during is
day job, because he needs this stuff at work.

>> Otherwise I'm ready to throw in the towel. I think we all agree that not
>> signing the ICLA does not prevent me from continuing to make public
>> domain contributions.
> We do not all agree on this point.  If you really cannot sign an ICLA
> then you should probably not make contributions either.

You are right, we do not all agree. If we find something that is public
domain anywhere (on the net, or by reading an incunable, or by
deciphering ancient hieroglyph), we are allowed to include them in our
codebase, as per legal FAQ.

So, let's say I found a contribution on the net, in a web page entitled
"Apache JIRA", and knows it is public domain. Then I (and the fact it is
"me" is important) can decide to include it in the Apache Commons codebase.

Of course this example is ridiculous. What I want to demonstrate here is
how ridiculous we are.

Can't we just "reword" (not change the spirit, just change the words)
our ICLA/CCLA to make explicit the fact we do not ask people to own the
work they contribute but simply can contribute. And no, I do not agree
with the fact it is already what is written in the CLA. I agree it is
the spirit of the CLA, but this spirit is worded in such a way some
picky people (like myself, Evan or the lawyers at NRL) find it does not
cover properly the case of public domain.

> However I
> think everyone here but you agrees that you can in fact both sign the
> ICLA and contribute if your employer desires you to contribute your
> work to Apache.

Sorry, I'm on Evan's side here, he is not alone.

best regards,

> Doug
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