I notice that the current JIRA "attach file" form does not default anything, and requires the submitter to choose explicitly the copyright status for the submission. (I think this is a change from previous behavior, and if so, a very welcome change).

So it's now very clear that the user must choose whether the submission is intended as a contribution.

As far as I'm concerned, this issue is now resolved. If a JIRA submission is marked as "Attachment not intended for inclusion" it should not be used.

Thanks to everyone who commented.

Craig

On Nov 4, 2006, at 5:08 AM, robert burrell donkin wrote:

On 11/2/06, Craig L Russell <[EMAIL PROTECTED]> wrote:
Hi Martin,

Thanks for your comments. They seem to contradict what Henri is
saying. Can we continue this discussion until we reach some conclusion?

from a legal perspective:

"5. Submission of Contributions. Unless You explicitly state
otherwise, any Contribution intentionally submitted for inclusion in
the Work by You to the Licensor shall be under the terms and
conditions of this License, without any additional terms or
conditions. Notwithstanding the above, nothing herein shall supersede
or modify the terms of any separate license agreement you may have
executed with Licensor regarding such Contributions."

selecting the 'no' checkbox seems to reasonably explicit to me

however, if copyright cannot be claimed on a patch then this is not
relevant. AIUI US copyright law does not allow copyright to be claimed
on unoriginal works or technical works capable of only one reasonable
and correct solution. some bug fixes fall into this category.

so, it isn't always necessary to gain explicit permission but it's
almost always a good idea.

from an ethically perspective, i think that an effort should be made
to gain active permission whenever the user does not make their
intentions clear.

- robert

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Craig Russell
Architect, Sun Java Enterprise System http://java.sun.com/products/jdo
408 276-5638 mailto:[EMAIL PROTECTED]
P.S. A good JDO? O, Gasp!

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