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From "Wheeler, David A" <dwhee...@ida.org>
Subject RE: Modify CLA for cases where there is no copyright (e.g., U.S. federal government employees)
Date Thu, 21 Aug 2014 15:39:42 GMT
The U.S. government *could* claim copyright outside the US, fair enough.   But it often tries
to avoid making such claims.

--- David A. Wheeler

From: Roy T. Fielding [mailto:fielding@gbiv.com]
Sent: Wednesday, August 20, 2014 7:47 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.

....Roy


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