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From Jim Jagielski <...@jaguNET.com>
Subject Re: FAQ: CCLA Optional?
Date Thu, 07 Jan 2016 20:11:38 GMT
> 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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