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Date: Fri, 7 Mar 2014 19:43:22 -0500
Message-ID: 
 <CAFG6u8EwPhCub_=kpn7bj1pzrkPz5jEqWm0mszXPt_NN0nkeyw@mail.gmail.com>
Subject: Re: ICLA US Government
From: Sam Ruby <rubys@intertwingly.net>
To: Legal Discuss <legal-discuss@apache.org>
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On Thu, Mar 6, 2014 at 5:10 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 will state that many such helpful lawyers have made similar assertions.
Lawyers employed by both private companies and in the public sector.  And
each time that I can recall, each of those lawyers came to a different
conclusion.


> I
> think signing it would be dishonest, both towards Apache and my
> employer.


I would not encourage you to do anything dishonest.  I will again state
that we have many, many contributors who have been told by their helpful
lawyers the same thing your helpful lawyer told you.  And after going back
and working with their lawyer, came back with a different conclusion.

- Sam Ruby

P.S.  While it is clearly not a parallel situation (I am not in the public
sector), I will state that I am amongst those who was initially told by my
employer the exact same thing that you were told, namely that I do not have
the authority to make the agreements spelled out in the ICLA.  I was
persistent, and ultimately prevailed.

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<div dir=3D"ltr"><div class=3D"gmail_extra"><br><div class=3D"gmail_quote">=
On Thu, Mar 6, 2014 at 5:10 PM, Evan Ward <span dir=3D"ltr">&lt;<a href=3D"=
mailto:evan.ward@nrl.navy.mil" target=3D"_blank">evan.ward@nrl.navy.mil</a>=
&gt;</span> wrote:<br>
<blockquote class=3D"gmail_quote" style=3D"margin:0px 0px 0px 0.8ex;border-=
left:1px solid rgb(204,204,204);padding-left:1ex">The helpful lawyers here =
have informed me that I don&#39;t have the<br>
authority to make the agreements spelled out in the original ICLA. </blockq=
uote><div><br>I will state that many such helpful lawyers=20
have made similar assertions.=C2=A0 Lawyers employed by both private=20
companies and in the public sector.=C2=A0 And each time that I can recall,=
=20
each of those lawyers came to a different conclusion.<br>=C2=A0</div><block=
quote class=3D"gmail_quote" style=3D"margin:0px 0px 0px 0.8ex;border-left:1=
px solid rgb(204,204,204);padding-left:1ex">I<br>
think signing it would be dishonest, both towards Apache and my<br>
employer. </blockquote><div><br></div><div>I would not encourage you to do =
anything dishonest.=C2=A0 I will again state that we have many, many contri=
butors who have been told by their helpful lawyers the same thing your help=
ful lawyer told you.=C2=A0 And after going back and working with their lawy=
er, came back with a different conclusion.<br>
<br></div><div>- Sam Ruby<br><br></div><div>P.S.=C2=A0 While it is clearly =
not a parallel situation (I am not in the public sector), I will state that=
 I am amongst those who was initially told by my employer the exact same th=
ing that you were told, namely that I do not have the authority to make the=
 agreements spelled out in the ICLA.=C2=A0 I was persistent, and ultimately=
 prevailed.<br>
</div></div></div></div>

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