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From sebb <seb...@gmail.com>
Subject Re: Clarifying CCLA as an optional document
Date Thu, 20 Mar 2014 16:11:50 GMT
On 20 March 2014 15:16, Craig L Russell <craig.russell@oracle.com> wrote:
> The issue that concerns the ASF occurs when an employee, who has assigned his or her
intellectual property rights to a corporation, contributes to a project, and later, the corporation
decides that it did not want to make that contribution. In that case, the corporation could
notify the ASF and demand that the offending contribution be removed from ASF. The ASF would
comply, possibly leaving the project in trouble (pulling releases, reimplementing the functionality
of the offending contribution, etc.).

I thought the ICLA was sufficient on its own?

Section 4 explicitly says that the contributor asserts that they are
able to make grant, possibly in conjunction with a CCLA.
If they don't provide a CCLA I don't see why it should affect the ASF.

If it does affect the ASF if there is no CCLA then perhaps the ICLA
needs updating.

> Having signed CCLAs from corporations helps avoid the above scenario. Therefore, the
PMC should make a judgement before accepting contributions from individuals that they know
are owned by a corporation.
> The process by which a PMC makes a judgement call as to whether or not a contribution
is owned by a corporation and thus subject to a grant or CCLA is documented as IP Clearance.
> Craig
> On Mar 20, 2014, at 4:28 AM, Jim Jagielski wrote:
>> I guess the main issue is that the ASF expects and requires an iCLA
>> for all committers; it is a pre-requisite for getting commit privs.
>> The CCLA is optional and the ASF itself makes no determination
>> on whether a corp or an individual requires one; the most typical
>> use-case are those when employees have agreements which state
>> that, for example, all IP developed by an employee (whether on their
>> own time or not) is property of the corp, or anything developed on
>> a work computer is property of the corp, etc...
>> Maybe something to that effect would also go a long way in providing
>> some more clarity.
>> On Mar 20, 2014, at 1:34 AM, Ross Gardler <rgardler@opendirective.com> wrote:
>>> I seem to receive enquiries about the CCLA a number of times a year. I'm sure
others also get these enquiries. In the majority of these cases I point out that the CCLA
is optional but the iCLA is required (for committers). Occasionally my assurance is not sufficient
(me being a non-lawyer and all that).
>>> It would be good to have an official statement to point to. With that in mind,
does anyone object to me making the following edit to http://www.apache.org/licenses/ Specifically,
I've added the sentence "The submission of a Corporate CLA is optional." all other text is
>>> "For a corporation that has assigned employees to work on an Apache project,
a Corporate CLA (CCLA) is available for contributing intellectual property via the corporation,
that may have been assigned as part of an employment agreement. The submission of a Corporate
CLA is optional. Note that a Corporate CLA does not remove the need for every developer to
sign their own CLA as an individual, to cover any of their contributions which are not owned
by the corporation signing the CCLA."
>>> Ross Gardler (@rgardler)
>>> Senior Technology Evangelist
>>> Microsoft Open Technologies, Inc.
>>> A subsidiary of Microsoft Corporation
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> Craig L Russell
> Architect, Oracle
> http://db.apache.org/jdo
> 408 276-5638 mailto:Craig.Russell@oracle.com
> P.S. A good JDO? O, Gasp!
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