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From Rob Vesse <rve...@dotnetrdf.org>
Subject Re: ASF Terms and Conditions
Date Fri, 11 Jul 2014 13:11:25 GMT
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>
Reply-To:  <legal-discuss@apache.org>
Date:  Friday, 11 July 2014 12:10
To:  <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
> http://www.orrtiz.com <http://www.orrtiz.com/>
> 



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