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From Henri Yandell <bay...@apache.org>
Subject Re: FAQ: CCLA Optional?
Date Fri, 08 Jan 2016 04:12:21 GMT
Thanks all on the thread. Very impressed to post the question, go to work,
get home and discover it had gone from question to posted FAQ in the
meantime :)

On Thu, Jan 7, 2016 at 2:08 PM, Craig L Russell <craig.russell@oracle.com>
wrote:

> Herewith some more edits. Specifically, I changed "the code that they
> contribute is theirs to license" to "they have the right to contribute".
> And other editorial and grammatical changes. Change commas to semicolons,
> change between to among, etc. And a suggestion to contact their own
> company's counsel for answers to questions not addressed here.
>
> A CCLA is only required if contributors' employment situation necessitates
> that a CCLA be signed. See section 4 of the ICLA for details.
>
> Committers must sign an ICLA. They make an individual claim that they have
> the right to contribute. Reviewing their ICLA 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/ICLA signer may use to
> eliminate all of the ambiguity among all these conflicting laws, contracts,
> policies and job assignments. The Apache Software Foundation has never
> required it. Many committers are confident of their individual
> representations under the ICLA, and many other committers find it
> reassuring that their company has backed up their own ICLA with this
> umbrella document.
>
> It is the ICLA signatory's call if it is required, but it isn't exactly an
> easy call for many committers employed in the IT/Software industry. If
> there are any questions as to whether a CCLA is required, committers are
> encouraged to consult their employers' counsel.
>
> Finally, see section 8 of the ICLA, which requires signers to notify the
> Foundation when their status changes in ways that may require this to be
> reassessed.
>
> Craig
>
> > On Jan 7, 2016, at 1:31 PM, 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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> >
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>
> Craig L Russell
> Architect, Oracle
> http://db.apache.org/jdo
> 408 276-5638 mailto:Craig.Russell@oracle.com
> P.S. A good JDO? O, Gasp!
>
>
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