I will ask the incubator list to consider putting into words what the foundation offers.
Cheers, Jody ------------------ Hey Jody, all, I've gone in and attacked the license agreement; my changes attached as both a text and ODF format file. It still needs work but at least you can see my take on things. I could not sign the original document with its copious use of "Intellectual Property" and still be able to look Richard Stallman in the eye. I also did not like the lack of quid-pro-quo from the Foundation. In the US at least, a contract is invalid if you get nothing in return; here I've added more info on why this contract is good for each of us. Note I need your help toward the end, in the section on what the Foundation is agreeing to. Presumably we need to agree on what we want the Foundation to do and then we can ask them if they will agree to those things. --adrian On Thu, 2006-10-05 at 18:04 -0700, Jody Garnett wrote:
I have attached a sample contributor agreement to the develop page: - http://docs.codehaus.org/display/GEOTOOLS/Develop- http://docs.codehaus.org/download/attachments/16158/Individual+Contributor+Agreement.pdfThis document is from the MapGuide project (so another group has done a sanity check, legal advice etc...). So far the only outstanding question is the address of the OSGeo office.JodyPS. The original we looked at in March is here (http://wiki.osgeo.org/index.php/Individual_Contributor_License_Agreement_%28CLA%29)------------------------------------------------------------------------- Take Surveys. Earn Cash. Influence the Future of IT Join SourceForge.net's Techsay panel and you'll get the chance to share your opinions on IT & business topics through brief surveys -- and earn cash http://www.techsay.com/default.php?page=join.php&p=sourceforge&CID=DEVDEV _______________________________________________ Geotools-devel mailing list [email protected] https://lists.sourceforge.net/lists/listinfo/geotools-devel
The Open Source Geospatial Foundation
Individual Contributor License Agreement (âAgreementâ) [version avc]
The Open Source Geospatial Foundation (the "Foundation") and the Contributors
(the âContributorsâ) to the Geotools Project (the âProjectâ) have
decided to collaborate to further the goals of both groups. As part of this
collaboration, the Contributors to the Project provide the Foundation with this
perpetual and irrevocable license to their contributions of code and
documentation; in exchange the Foundation agrees to represent the interest of
the Contributors in their joint Project during any future legal conflicts which
may arise. The parties together intend that this collaboration will benefit
third party users (the âUsersâ) by protecting the freedoms of all future
Users of the Geotools code to use, modify, and redistribute this code subject
only to the limitation of not taking these same freedoms away from subsequent
users.
The collaboration requires each individual contributor to the Geotools project
to sign this Contributor License Agreement ("CLA") and thereby grant to the
Foundation a non-exclusive, perpetual, irrevocable, worldwide, cost free, and
patent free license to all of the code and documentation contributed by the
individual to the project. This document sets out the terms and conditions of
the grant. The grant does not change the rights of any Contributor to use their
own contributions for any other purpose.
This agreement will benefit both the Open Source Geospatial Foundation as well
as the Geotools Project, and by extension each of the Contributors to the
Project. The Foundation both acquires the custody of a significant body of work
and gains the prestige which accrues from the involvement of the Geotools
Project. The Geotools Project and its Contributors gain legal protection and
standing by enabling the Foundation to protect the interests of the Project.
The agreement will further benefit both parties by clarifying the rights of all
third party users (the âUsersâ) of the Geotools code and by ensuring that
these Users may enjoy the freedom to use and modify the Code without
restriction while gaining the freedom to redistribute the Code with only the
limited restriction of being unable to revoke these freedoms from subsequent
recipients of the Code.
Each contributor (âYouâ) is asked to print out, sign, and mail a completed
Agreement form to The Open Source Geospatial Foundation, [address]. If
necessary, You may send the completed agreement by facsimile to the Foundation
at [fax]. The Foundation agrees to counter sign the agreement and provide the
project with a scanned image copy of the completed agreement for storage in the
Geotools content versioning system.
I, the undersigned contributor (the âContributorâ) to the Geotools Project,
warrant that I am legally authorized to contribute the code and documentation
in question, and accept and agree to the following terms and conditions of this
Agreement licensing to the Open Source Geospatial Foundation all of my past,
present and future contributions to the Geotools Project.
Full name:
Contact Information:
E-Mail:
Address:
Telephone:
Facsimile:
Country:
I, the undersigned representative (the âRepresentativeâ) of the Open Source
Geospatial Foundation, warrant that I am legally authorized to represent the
interests of the Foundation in this agreement, and accept and agree to the
following terms and conditions of this Agreement.
Full Name:
Contact Information:
E-Mail:
Address:
Telephone:
Facsimile:
Country:
Definitions:
The âContributorâ shall mean either the original copyright owner or any
legal entity sufficient license and distribution rights by the original
copyright owner sufficient to enter into this agreement. For legal entities,
the entity making a contribution and all other entities that control, are
controlled by, or are under common control with that entity will be considered
to be a single Contributor. For the purposes of this definition, "control"
means (i) the power, direct or indirect, to cause the direction or management
of such entity, whether by contract or otherwise, or (ii) ownership of fifty
percent (50%) or more of the outstanding shares, or (iii) beneficial ownership
of such entity. A "Contribution" shall mean any original work of authorship,
including any modifications or additions to an existing work, that is
intentionally submitted by the Contributor to the Foundation for inclusion in,
or for documentation of, any of the products owned or managed by the Foundation
(the "Work"). For the purposes of this definition, "submitted" means any form
of electronic, verbal, or written communication sent to the Foundation or its
representatives, including but not limited to communication on electronic
mailing lists, source code control systems, and issue tracking systems that are
managed by, or on behalf of, the Foundation for the purpose of discussing and
improving the Work, but excluding communication that is conspicuously marked or
otherwise designated in writing by the Contributor as "Not a Contribution."
Grant of Copyright License.
Subject to the terms and conditions of this Agreement, the Contributor hereby
grants to the Foundation and to recipients of software distributed by the
Foundation a perpetual, worldwide, non-exclusive, no-charge, royalty-free,
irrevocable copyright license to reproduce, prepare derivative works of,
publicly display, publicly perform, sublicense, and distribute the
Contributions and such derivative works.
Grant of Patent License.
The Contributor affirms that all Contributions to the Foundation are free of
any patents claimed by the Contributor or both will be clearly labelled as
patent encumbered material and will be contributed with the following license
rights. Where patent encumbered material is submitted to the Work, the
Contributor hereby grants, subject to the terms and conditions of this
Agreement, to the Foundation and to any third-party recipients of the Work as
distributed by the Foundation a perpetual, worldwide, non-exclusive,
fully-paid, royalty-free, irrevocable (except as stated in this section) patent
license to make, have made, use, offer to sell, sell, import, and otherwise
transfer the Work, where such license applies only to those patent claims
licensable by the Contributor which would necessarily be infringed by the
Contribution(s) alone or by combination of the Contribution(s) with the Work to
which such Contribution(s) were submitted, as such Work existed as of the date
of the Contribution(s). This patent license shall not apply to any other
combinations which include the Contribution(s). If any entity institutes patent
litigation against the contributor or any other entity (including a cross-claim
or counterclaim in a lawsuit) alleging that the Contribution, or the Work to
which the Contributor have contributed, constitutes direct or contributory
patent infringement, then any patent licenses granted to that entity under this
Agreement for that Contribution or Work shall terminate as of the date such
litigation is filed.
Representation of Authority
The Contributor represent that they are legally entitled to grant the above
license. If any third party, including any employer(s), has rights to the
Contribution(s) as submitted, the Contributor warrants that they have received
permission to submit their Contribution(s) on behalf of the third party under
the terms of this aggreement, that the third party has waived any rights to the
submitted Contribution(s), or that the third party has executed a separate
Corporate CLA with the Foundation.
Representation of Original Authorship
The Contributor represents that each Contribution is either an original
creation or is submitted on behalf of others according to section 7 of this
aggreement. The Contributor represents that any original creations submited
include the complete details of any third-party license or other restriction
(including, but not limited to, related patents and trademarks) of which you
are personally aware and which are associated with any part of Your
Contributions.
Refusal of further responsibility
The Contributor refuses any responsibility, under this agreement, to provide
support for the contribution to either the Foundation or any subsequent
receipient of the Work. The Contributor may however chose to enter separate
agreements for the provision of support for free or for a fee but such
aggreements will be considered separate from this license agreement. Unless
required by applicable law and agreed to in writing, the Contributor provides
the Contribution(s) to the Foundation and to any subsequent recipients of the
Work on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either
express or implied, including, without limitation, any warranties or conditions
of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR
PURPOSE.
Contributions on behalf of others
Contributors may submit work of Authorship that is not the original creation of
the Contributor provided that the submission is separate from any other
Contribution, the submisssion includes the complete details of the origin of
the submission, includes the details of any license or other restriction to the
submited material (including, but not limited to, related patents, trademarks,
and license agreements) of which the Contributor is personally aware, and
includes a conspicuous label marking the work as "Submitted on behalf of a
third-party: [named here]".
Reservation of all other rights
Except for the license granted herein to the Foundation and to subsequent third
party recipients of software distributed by the Foundation, the Contributor
reserves all right, title, and interest in and to the submitted Contribution(s).
Aggreement of notification
The Contributor agrees to notify the Foundation of any facts or circumstances
of which the Contributor becomes aware that would make these representations
inaccurate in any respect.
Responsibilities of the Foundation
The Foundation agrees to
maintain the Work accessible in a location publically accessible over the
public internet,
maintain the Work licensed under the original license, the Lesser General
Public License (the âLGPLâ), or to re-license the Work under a license
broadly similar in intent if both (1) the conditions of the LGPL were found to
be invalid or were greatly limited by a court of law and (2) a concensus for a
new license were reached by the Contributors to the Geotools Project active at
the time of the future change,
defend the Work and the freedom it provides third party users from any entity
threatening the Work through legal action or other means, by active engagement
of the threatening entity, through the filing of legal action on behalf of the
Work, or by providing any thrid party wishing to defend the Work with the legal
support necessary for the third party to obtain legal standing on behalf of the
Work, except that nothing in this agreement shall oblige the Foudation to enter
unduly expensive or ruinous litigation.
Signature of the Contributor:
Date:
Location:
Signature of the Foundation Representative:
Date:
Location:
IndivContribAgreement.avcVersion.odt
Description: application/vnd.oasis.opendocument.text
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