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From Todd Lipcon <t...@cloudera.com>
Subject Re: FAQ: CCLA Optional?
Date Thu, 07 Jan 2016 22:06:38 GMT
One point of clarification: at what point does it become a committer's duty
to ensure that a *contributor* (eg who has uploaded a patch to fix a bug or
contribute a feature) has the appropriate documentation on file?

As long as I've been around Apache it's been my understanding that the onus
is on the contributor to know if their employment situation demands an ICLA
or CCLA, not the committer who accepts the work. A while back, we used to
have a checkbox on the JIRA attach button that was a sort of
mini-license-grant, but that disappeared a few years ago IIRC.

Would be good to clarify this in the FAQ entry.

-Todd


On Thu, Jan 7, 2016 at 1:44 PM, sebb <sebbaz@gmail.com> wrote:

> Fixed typo:
>
> their's => theirs
>
> On 7 January 2016 at 21:31, Sam Ruby <rubys@intertwingly.net> wrote:
> > I've pushed this out to the FAQ, lightly edited:
> >
> >
> http://www.staging.apache.org/legal/resolved.html#are-contributors-required-to-sign-a-ccla
> >
> > Changes:
> >
> > 1) Expanded the original question
> >
> > 2) Fixed a typo "employent" and reworded first sentence
> >
> > 3) Changed CLA to ICLA for clarity
> >
> > 4) Added mentions of sections 4 and 8 of the ICLA where additional
> > clarifications can be found.
> >
> > - Sam Ruby
> >
> >
> > On Thu, Jan 7, 2016 at 3:11 PM, Jim Jagielski <jim@jagunet.com> wrote:
> >> +1
> >>> On Jan 7, 2016, at 12:15 PM, William A Rowe Jr <wrowe@rowe-clan.net>
> wrote:
> >>>
> >>> 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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-- 
Todd Lipcon
Software Engineer, Cloudera

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