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From Henri Yandell <bay...@apache.org>
Subject Re: ASF Terms and Conditions
Date Sat, 12 Jul 2014 18:47:43 GMT
Minor clarification that the CCLA is not required by Apache, but by a
contributor's employer.

Hen

On Friday, July 11, 2014, Rob Vesse <rvesse@dotnetrdf.org> wrote:

> Pierre
>
> Firstly the ICLA (http://www.apache.org/licenses/icla.txt) contains the
> word mailing only twice, once is for the Mailing Address field at the top
> of the form and the second is where it defines contributions as "including
> but not limited to communication on electronic mailing lists" and so on.
>
> The ICLA is essentially a grant of copyright and patent licenses for an
> individuals contributions plus a statement that they are legally entitled
> to contribute those contributions. This is especially important for
> contributors who do so on work time where there may be separate legal
> agreements in effect with regards to IP ownership. Typically a CCLA (
> http://www.apache.org/licenses/cla-corporate.txt) may also be required in
> this case.  In general anyone who is making regular contributions should
> seriously consider signing an ICLA (or be prompted by the relevant Apache
> communities they participate in to do so) and certainly anyone who is
> invited to become a committer is required to do so.
>
> Secondly as for whether an ICLA is specifically required for contributions
> then you are correct that the answer is no because the Apache License v2 (
> http://www.apache.org/licenses/LICENSE-2.0) contains the following in
> Clause 5
>
> Unless You explicitly state otherwise, any Contribution intentionally
> submitted for inclusion in the Work by You to the Licensor shall be under
> the terms and conditions of this License, without any additional terms or
> conditions. Notwithstanding the above, nothing herein shall supersede or
> modify the terms of any separate license agreement you may have executed
> with Licensor regarding such Contributions.
>
> So any contribution that the ASF receives it may incorporate in an Apache
> project under the Apache License unless the contributor explicitly states
> that they do not wish this to be the case.
>
> Yes the ASF is bound by relevant privacy and data protection laws but as
> others have already confirmed in prior emails the personal details on an
> ICLA are only available to members, officers and employees/contractors of
> the foundation so I don't see that the ASF is failing in that duty in any
> way, shape or form.
>
> The ASF has chosen to work in public wherever possible with mailing lists
> being the primary means of communication, if you have chosen to knowingly
> participate in a public list then the burden to protect your own privacy
> falls on yourself.  If you have conservations that you wish/need to conduct
> in private then all Apache projects have a private list upon which
> conversations can be held but the expectation is that those conversations
> are the exception rather than the norm e.g. reporting a critical security
> vulnerability to give a project chance to patch the issue before it is
> exploited.  As Jim already linked in his reply the Apache Publicy Archive
> policy (http://www.apache.org/foundation/public-archives.html) is
> available which covers this.
>
> The only piece of personal information you have to divulge is an email
> address and as I already pointed out you are free to use a throwaway
> address and/or pseudonym should you see fit.  I don't see how choosing to
> do this hampers peoples ability to participate in the ASF in any way and
> there are plenty of people who participate in the ASF in this way through
> choice/necessity.
>
> Rob
>
>
> From: Pierre Smits <pierre.smits@gmail.com
> <javascript:_e(%7B%7D,'cvml','pierre.smits@gmail.com');>>
> Reply-To: <legal-discuss@apache.org
> <javascript:_e(%7B%7D,'cvml','legal-discuss@apache.org');>>
> Date: Friday, 11 July 2014 12:10
> To: <legal-discuss@apache.org
> <javascript:_e(%7B%7D,'cvml','legal-discuss@apache.org');>>
> Subject: Re: ASF Terms and Conditions
>
> Rob, All,
>
> The iCLA is related to mailing lists. Mailing lists are the primary means
> of communication between community members of a ASF project, Foundation
> Members and Officers. Please read the terms of the iCLA again.
>
> While the iCLA states that the Work is the subject of the grant of
> copyright licence, it doesn't state that personal details are part of the
> Work. I doubt if that could be held up.
>
> Furthermore it is not about whether individuals should use the email
> equivalent of burner phones for participating in communications with other
> ASF community members, but whether the ASF is doing its utmost and the
> right thing regarding the personal information of its community members.
> The ASF is also bound by privacy laws and equivalents of data protection
> acts.
> Apart from that, communicating through such equivalent would surely hamper
> community building, personal relation building and more.
>
> Even without officially consent (e.g through submission of an iCLA) ,
> community members can participate. Again, it is solicitated. Not enforced.
>
> Regards,
>
>
>
> Pierre Smits
>
> *ORRTIZ.COM <http://www.orrtiz.com>*
> Services & Solutions for Cloud-
> Based Manufacturing, Professional
> Services and Retail & Trade
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>

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