Hi:

I'm currently reading "Intellectual Property and Open Source: A Practical
Guide to Protecting Code" by Van Lindberg (excellent book, IMHO, written
by a former programmer, turned lawyer). There is one point he drives home which
I never thought about much, and that is the following.

The basic idea is that any contribution to trac which contains over 15
lines of code (15 is the common denominator - some non-GPL'd projects
allow for slightly larger patches, though no one has a legally well-defined
idea of how big the patch must be to be  copyrightable - it involves the
"words and phrases doctrine") or comments which eventually makes
it into the codebase of Sage should be properly licensed. That is, the
person should more-or-less say (a) they are the creator of the work,
(b) own the
copyright (eg, it is not a owned by their employer as terms of some
hiring agreement), and (c) either place it in the public domain or agree
to license it with a GPL2+-compatible license. Van Lindberg points
out implicit licenses are not legally binding and presents a legal
horror story of one guy "contributing" code he do not own to an OS
sourceforge project, only to be bankrupted by lawsuits and SF
being required to remove his code.

There is currently nothing in terms of licensing or copyrights on the trac main
page or in the wiki TracGuidelines. But even having this written warning
may not be enough - the author really needs to say yes or no in
response to an I agree button or a signed agreement or something.
IWIlliam sent an email around not too long asking for agreement to
license their contributions under the GPL2+, but developers are constantly
growing and having William send an email every 6 months or so
doesn't seem to me to be a very scaleable or organized solution.

I think I have a simple workable solution, which I want to get your feedback on.

One possibility is for everyone who requests a trac account from
Michael, they get
an "Yes I agree/No I don't agree" email which they must reply to
before Michael actually merges a contribution into the Sage distribution.
My suggestion is that once "Joe the Developer" asks Michael for an
account on trac,
Michael gives him an account and in the same email has a blurb about going
immediately to the CLA page on trac and entering his name and data
along with "I Agree" or "I Do Not Agree".

I posted a draft of this form on
http://sage.math.washington.edu/home/wdj/sagefiles/sage-individual-cla.html
The idea is that this would be on a page on trac, which you would have
to sign into.
(Hopefully trac keeps trac of such edits in a database?)

Thoughts or comments?

- David Joyner

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