Geir Magnusson Jr wrote:
I thought I better split this, to prevent the discussion from getting
too confusing. One thing I already pointed out with the Apache CLA is
that it is very biased towards US copyright law.
Well, the ASF is a US Corporation (non-profit) so those are the laws
under which we operate.
Yes, but US laws are not the laws under which probably most of the
contributors are operating and not the laws applicable in most locations
where Apache software is being used. Copyright is a legal area where US
and British law deviate quite a lot from most other countries and
assuming or expecting that US law is relevant if it comes to a legal
dispute between e.g. a non-US contributor and a non-US software user or
a non-US owner of related intelletual rights, is IMHO rather naive.
License". First problem is, that I can't grant you anything I
currently don't have, a "copyright" on my work. The German
counterpart, my "Urheberrecht" is not transferable and any license I
give to use, redistribute, modify etc. the work may under some
conditions be revoked. Any contract diverging from these principles
is in Germany legally void.
We aren't asking for a copyright transfer. You still retain any and
all copyright on the work. What you are doing is granting a license
to the work under the Apache License.
Well, you skip the most important part, that some statements in the
paragraph are legally void in Germany, and probably most countries, not
having an Anglo-Saxon style copyright law. Most problematic are probably
the claims for an perpetual, irrevocable license and the claim for
sublicensing rights and rights to produce derivative works. I really
don't like to bother with legal regulations, but wether you or I like
it, this agreement won't hold if proven in a German court and a German
court will be responsible, if a German contributor for some reason
should decide to take legal actions against some other German entity,
which e.g. is producing, distributing or using a derivate work of the
contributor's original work. The word "German" in the last sentence may
be replaced with many other nationalities, without invalidating the
content :-/
Tor
- Re: CLA issues Was: java.sql.* Tor-Einar Jarnbjo
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