On Thu, Mar 23, 2006 at 10:32:19AM -0500, Etienne Gagnon wrote: > I started replying to your email, suggesting modifications to the ICLA > that would address my concerns. As this would probably lead to a very > long license thread, I erased it, and I am proposing a simpler solution.
simple = good :-) > I am proposing that we strictly abide by the advertised Apache Harmony > Contribution Policy at: > http://incubator.apache.org/harmony/contribution_policy.html > but, we add one additional condition that must be met by the ASF, and we > add an explicit mention of it on signed ICLAs: > > 1- Current and future SableVM contributors sign the ICLA for > contributing patches and possibly gaining commit rights. > http://www.apache.org/licenses/icla.txt > > 2- Also, contributors must complete the Authorized Contributor > Questionnaire and submit to the Harmony PMC. > http://incubator.apache.org/harmony/auth_cont_quest.html > > 3- I sign a Software Grant license (with the authorization of the > appropriate SableVM authors to do so) for each bulk contribution. > http://www.apache.org/licenses/software-grant.txt > > 4- I fill a Bulk Contribution Checklist for each bulk contribution. > http://incubator.apache.org/harmony/bulk_contribution_checklist.html > > 5- The ASF provides me with an official, legally binding document, > signed by officers that have sufficient rights to do so, stating that > it will only sub-license (distribute, etc.) code contributed by SableVM > authors (can be identified specifically) and derivatives of this code, > under licenses that require explicit acknowledgment of the copyright > of these authors and that require redistribution of the related text > found in the NOTICE file. [I have no trouble letting the ASF lawyers > come up with some text proposal. I would highly suggest reusing words > off the Apache License 2.0 to do so. I can even propose some text, if > you wish me to do so.] Interesting. I'm rather sure the ASF has never done something like that before. As soon as it comes to "official" or "legally binding" I tend to try and gracefully bow out of any discussion. > 6- Each ICLA and Software Grant has an explicit hand written reference > to the ASF document in "5-" beside the signature(s). A copy of the > ASF document in "5-" is added as an appendix to the ICLA/SG in your > records and our records. > > I sincerely think that the above should be acceptable to all parties > involved. I can imagine so but realistically I have no clue. > SableVM authors would end up strictly abiding by the existing > contribution policy, yet the ASF would be providing us with the security > we require to acknowledge our contributions. In any case, if an ASF officer needs to sign legal paperwork that is unlike anything the ASF has ever signed before, you'll immediately notice a slowdown of all processes since all of a sudden things drop out of "internet time". This makes me instinctively dislike any process that requires official action by an ASF officer. > See below for a short comment. > > Leo Simons wrote: > >>So, for example, the ASF could sublicense > >>derivatives of our work under any license it wants, without even > >>acknowledging our contribution in a NOTICE file. > > > > "When hell freezes over..." > > As far as I know, the ASF has no power to control US federal and state > governments. So, the ASF cannot assure me that US laws will never > change in the next millennium (you never know how long the US government > will extend copyright, given Disney's lobbying) as to allow Microsoft or > any such party to gain control on the ASF, possibly after a bankrupt or > something similar. No, indeed it cannot. > It is very difficult to predict the future of any > corporation, be it a private, public, profit or non-profit organization. I am happy to predict though that neither Disney nor Microsoft gain control over the ASF in the next millenium. It seems a safer bet than the weather :) > So, I feel very, very uncomfortable to give a blank check to anybody. Ok. Never licensed anything under the BSD license, have you? :-) > [Of course, the US government can also adopt laws that invalidate > written contracts...] Don't get me started on the things the US government feels it can do... > Hoping that my proposal above is acceptable to all. > > Etienne > PS: It seems we're getting down to the "real" stuff... heh. Yeah looks like it! - Leo