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From "Lawrence Rosen" <lro...@rosenlaw.com>
Subject RE: Modify CLA for cases where there is no copyright (e.g., U.S. federal government employees)
Date Thu, 21 Aug 2014 01:11:54 GMT
Roy, I wonder if there are works created in other countries that are public
domain there but not here? The entire scope of the "public domain" around
the world is certainly beyond my understanding. 


I'd prefer to have an organization or individual that gives us a work, known
in our CCLA and ICLA agreements as "You", be the official contributor.
Substantial "public domain" contributions probably should be identified as
such in a NOTICE file even if they don't have a copyright owner. Identifying
the agency/individual who contributed it doesn't mean that agency/individual
claims a copyright.


Trivial public domain contributions can probably be safely ignored. 




From: Roy T. Fielding [mailto:fielding@gbiv.com] 
Sent: Wednesday, August 20, 2014 4:47 PM
To: legal-discuss@apache.org
Subject: Re: Modify CLA for cases where there is no copyright (e.g., U.S.
federal government employees)


On Aug 20, 2014, at 3:00 PM, Wheeler, David A wrote:

For the U.S. federal government, the situation is fundamentally different.
As long as only employees develop the software as part of their official
duties, it doesn't matter how much creativity is represented by their work.
it is *never* copyrightable in the US.


IIRC, the same government claims that such work is copyrightable outside

the US, which means the government (or person making the contribution)

does own the copyright over publication outside the US, which means they

do fit the definition of "You" as a legal entity in general (not specific

to the US), and since the Apache License is not limited to US jurisdiction

the entire argument that we need to change the CLA is false.




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