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From William A Rowe Jr <wr...@rowe-clan.net>
Subject Re: FAQ: CCLA Optional?
Date Thu, 07 Jan 2016 17:15:37 GMT
Common source of confusion, worthy of an FAQ entry, but not quite correct
with respect to the answer "if your employer requires so".  "if your
employent
situation necessitates" is a little more accurate.

Committers must sign a CLA.  They make an individual claim that the code
that
they contribute is their's to license.  Reviewing their CLA against their
employer's
ownership interests, applicable state and national law, and specific
aspects of
their employment contract and business policies will reveal that they can or
cannot make that claim regarding any particular commit to whichever
particular
project they are committing in.

The CCLA is a backup document that the committer/CLA signer may use to
eliminate all of the ambiguity between all these conflicting laws,
contracts,
policies and job assignments.  We've never required it, many committers
are confident of their individual representations under the CLA, many other
committers find it reassuring that their company has backed up their own
CLA with this umbrella document.

It is the CLA signatory's call if it is required, but it isn't exactly an
easy call
for many committers employed in the IT/Software industry.

Bill


On Thu, Jan 7, 2016 at 11:04 AM, Rob Vesse <rvesse@dotnetrdf.org> wrote:

> Good suggestion
>
> I would think that the answer needs to be more than just "if your employer
> requires so".  It would need to cover the fact that many employment
> contracts give copyright and IP of work done on employer time (and
> sometimes outside of it) to the employer and so a CCLA would be
> desirable/required unless Apache contributions are done only outside
> employer time.  Also in some jurisdictions this may actually be an implicit
> effect of the jurisdictions copyright/IP law e.g.
> https://www.gov.uk/guidance/ownership-of-copyright-works#works-created-for-an-employer
>
> Rob
>
> From: Henri Yandell <bayard@apache.org>
> Reply-To: <legal-discuss@apache.org>
> Date: Thursday, 7 January 2016 16:28
> To: ASF Legal Discuss <legal-discuss@apache.org>
> Subject: FAQ: CCLA Optional?
>
> Am I being blind, or is there not a FAQ saying something to the effect of:
>
> * Is the CCLA required?
> * No, this document only needs to be signed if your employer requires so.
>
>

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