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From Chris Mattmann <mattm...@apache.org>
Subject Re: Podling CLA/Grant advice
Date Tue, 03 Oct 2017 01:21:34 GMT
Craig, I share the below opinions. 

RE: SGA, let me clarify, I think there are a few situations:


1) SGA for a donation e.g., from a company or gov agency
a. The person providing or “granting” the SGA may have
the permission of the institution e.g., a signing authority, that
represents the IP from the company or agency, fine.
b. The person may be someone without signing authority but
designated by the agency as someone who can provide the Grant,
fine.
2) SGA for a donation e.g., from a set of contributors
a. The person providing or “granting” the SGA would ideally point to
some permanent URL or public URL with the decision by the binding
set of members of the contributors (at a minimum, within reason e.g., 
defined as all those active, or as all contributors ever, or all those 
that responded to my email with a deadline of 2 weeks, or a month etc.)
b. If the community already uses some form of IP management besides 
having a version repository and headers, etc., then pointing to those 
on file would be useful and welcomed.

I’m sure there are variations on 1ab or 2ab but those are the ones fresh in my mind
with what I was talking about.

Thoughts, Craig? Roman?

Cheers,
Chris
 



On 10/2/17, 5:51 PM, "Craig Russell" <apache.clr@gmail.com> wrote:

    
    > On Oct 2, 2017, at 5:23 PM, Roman Shaposhnik <roman@shaposhnik.org> wrote:
    > 
    > On Mon, Oct 2, 2017 at 3:23 PM, Craig Russell <apache.clr@gmail.com> wrote:
    >> Not to contradict our VP, Legal, just to clarify.
    >> 
    >>> On Oct 2, 2017, at 1:17 PM, Chris Mattmann <mattmann@apache.org> wrote:
    >>> 
    >>> Clearly, an SGA is intended for the copyright holder. If that’s an individual
who as an
    >>> individual represents those copyright holders, OK, but it’s gotta be pretty
clear.
    >> 
    >> That is a pretty high bar, and I've not seen it in practice. In order for an
individual to own
    >> the rights and grant those rights via an SGA, there would need to be some grant
document
    >> from the contributor to the individual(s) signing the SGA.
    > 
    > +1 to what Craig is saying -- I've also seen a much laxer attitude in
    > the past. The very questions
    > I'm asking is whether we should consider tighten our practices or
    > still allow SGAs that are lax.
    > 
    > I'm actually working on a proposal right now for a project that
    > existed on GitHub for sometime.
    > I've assumed that an SGA *on behalf* of the community (but NOT from
    > somebody who is legally
    > speaking a copyright holder) will be a way to go.
    
    Speaking as a non-lawyer, "You cannot grant rights that you do not own." And the following
is strictly my own opinion. 
    
    A project that is licensed under alv2.0 and has existed for so long that the contributors
cannot be found can still use code with the Apache license, but not with the Apache header.
    
    If the project is currently licensed using the alv2.0 as its license, then the project
can continue to use the license with its original headers and NOTICE. 
    
    Craig
    
    > 
    > Thanks,
    > Roman.
    > 
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    Craig L Russell
    Secretary, Apache Software Foundation
    clr@apache.org http://db.apache.org/jdo
    
    
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