Thanks guys for all the input.

I finally read the CA, and I guess the principal difference between
clojure contributions and wikipedia (which you wouldn't even know what
the heck it was if they had asked everyone to sign a CA first)
contributions - is not the type of content - code vs. prose (and the
division is not that sharp either, as both contain both things, and
more) - but the various transfers of rights of whom some are on the
brink of granting exclusivity. And of course IANAL.

That said, I've contributed to a number of open source projects, none
of which required anything physical from me, and which wouldn't have
gotten anything from me had they asked, just because I wouldn't have
wanted to spend the time on red tape for every single one small patch
(although important to me) for every one of those projects. Actually
in the past I did also contribute to a bunch of different parts of the
iirc biggest open source project - KDE - without ever signing
anything, in fact mostly using some alias (so now you where all those
pesky bugs originate ;).

But I guess it all comes down to what Rich wants to be able to do with
the code base and not get locked in by some guys he has to chase for
permission later on if he wants to rearrange things, which I can
understand.

And for those posters telling us not to "waste your time, stop asking
questions and just trust Rich": Why don't you stop wasting your time
telling us what to do with ours? As this thread shows, it's still an
open question, with some people curious for the answer. And even
though I'll send the CA out this weekend, I am curious as to why
signing is necessary for this project, when it isn't for others. And
at least I have some ideas now.

In terms of git pull requests by CA signers, I'm still hopeful though,
as I don't see the legal issue there, and there's a hint in "please
don't send pull requests via GitHub AT THIS TIME".

Cheers
Eugen

On Feb 5, 11:45 am, Mike Meyer <mwm-keyword-googlegroups.
620...@mired.org> wrote:
> On Fri, 4 Feb 2011 18:36:34 -0800
>
>
>
> Sean Corfield <seancorfi...@gmail.com> wrote:
> > On Fri, Feb 4, 2011 at 6:16 PM, Eugen Dück <eu...@dueck.org> wrote:
> > > Is it really necessary, though? We all agree to EULAs and make other
> > > more significant legal commitments online all the time, and in some
> > > cases without having proven who and where we are.
>
> > There are certainly some legal transactions that do not accept
> > electronic "agreements" and require a physical signature.
>
> > IANAL so I looked up US copyright law and found this paragraph about
> > transfers in Circular 1 (from here
> >http://www.copyright.gov/help/faq/faq-assignment.html):
>
> > "Any or all of the copyright owner’s exclusive rights or any
> > subdivision of those rights may be transferred, but the trans­fer of
> > exclusive rights is not valid unless that transfer is in writing and
> > signed by the owner of the rights conveyed or such owner’s duly
> > authorized agent. Transfer of a right on a nonexclusive basis does not
> > require a written agreement."
>
> > So that's why a written signature is required for the Clojure CA.
>
> Um, read the last line in the quote, about "nonexclusive basis".
>
> The first bullet of clause two in the CA (downloaded just now) grants
> Rich Hickey a "... perpetual, irrevocable, non-exclusive, worldwide
> ... license"
>
> Given that the license is nonexclusive transfer (and I have to wonder
> if you'd get any contributors otherwise, or if any other OSS project
> has an exclusive transfer), then according to that last line, it "does
> not require a written agreement."
>
> IANAL either, but it sure seems like the current requirements exceeds
> what the law requires.
>
>       <mike
> --
> Mike Meyer <m...@mired.org>          http://www.mired.org/consulting.html
> Independent Network/Unix/Perforce consultant, email for more information.
>
> O< ascii ribbon campaign - stop html mail -www.asciiribbon.org

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