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From Evan Ward <evan.w...@nrl.navy.mil>
Subject Re: ICLA US Government
Date Tue, 06 May 2014 19:26:01 GMT
Hi All,

After a long review by my counsel, going many levels above my head, the
result is still the same: I am not authorized to sign the Apache ICLA.
My agency decided it would not take the NSA's position that the subtlety
of it was not worth arguing over ("de minimis non curat lex").

I can still sign the modified ICLA I proposed earlier that puts all
contributions in the public domain. It seems contradictory that Apache
projects can include public domain works, but Apache will not accept a
public domain ICLA. If I post my public domain work to GitHub and an
Apache commiter commits it, then Apache finds that perfectly acceptable.
If I sign an agreement with Apache placing all of my work in the public
domain and I commit it directly to Apache, then Apache would reject it!
Which situation has less risk? If Apache can accept the public domain
ICLA then we can put all this behind us and get back to coding.

Best Regards,

On Mon 07 Apr 2014 11:28:04 AM EDT, Evan Ward wrote:
> Update: Heard back from Daniel Risacher today. Apparently the NSA had
> the same concerns we have, but decided not to argue about subtle
> differences ("de minimis non curat lex"). Still waiting to hear if this
> agency will take the same position.
> Best Regards,
> Evan
> On Thu 27 Mar 2014 03:10:55 PM EDT, Doug Cutting wrote:
>> On Thu, Mar 27, 2014 at 6:46 AM, Evan Ward <evan.ward@nrl.navy.mil>
>> wrote:
>>> As Luc, said I can post the contributions to github (or JIRA) and make
>>> clear that the project as a whole is under the Apache License, and my
>>> patches are in the public domain. Then based on the Apache's legal FAQ
>>> and Larry's earlier comments Apache is both able and glad to accept the
>>> contributions.
>> If you can do this, then you can sign an ICLA and commit these changes
>> directly. When you attach to Jira, intentionally submitting to an
>> Apache-licensed project, you agree to the same terms as the ICLA.
>> What makes you think these are different?
>>> As I mentioned before, If someone from Apache wants to talk directly to
>>> the people here with the power to make a decision, I can provide contact
>>> information.
>> You do not need your employer's permission to sign an ICLA. You need
>> your employer's permission to contribute software under the Apache
>> License. Once you have that permission, whether you choose to attach
>> to Jira or sign an ICLA and commit directly makes no legal difference
>> to you or to your employer.
>> Doug
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