Well, yeah. My point is that the *intent* is to accept contributions from individuals. The CCLA is a mechanism to enable that, but it is not the focus or the driver. We want to stress the individual, not the means to that end.
Cheers, -g On Sun, Mar 20, 2005 at 01:24:21PM -0800, Lawrence Rosen wrote: > Greg Stein wrote: > > But legalese be damned... the philosophy and intent of the ASF is to > > accept IP from individuals. Only. > > Legalese cannot be damned so easily. The fact is that the individual's > employer automatically owns the IP and the individual cannot legally > contribute the software to ASF or anyone else without her employer's > permission. Under the law in the United States, it is the employer's > contribution to make or to refuse. (17 USC section 201(b).) > > /Larry > > Lawrence Rosen > Rosenlaw & Einschlag, technology law offices (www.rosenlaw.com) > 3001 King Ranch Road, Ukiah, CA 95482 > 707-485-1242 ?$B!| fax: 707-485-1243 > Author of ?$B!HOpen Source Licensing: Software Freedom > and Intellectual Property Law?$B!I (Prentice Hall 2004) > > > -----Original Message----- > > From: Greg Stein [mailto:[EMAIL PROTECTED] > > Sent: Saturday, March 19, 2005 10:01 PM > > To: Phil Steitz > > Cc: [EMAIL PROTECTED] > > Subject: Re: Corporate Contributions > > > > On Sat, Mar 19, 2005 at 10:42:28PM -0500, Phil Steitz wrote: > > >... > > > That's what I thought, and that's what the licenses web page > > > (http://www.apache.org/licenses/#clas) says, but the text of the CCLA > > > begins like this: > > > > > > Thank you for your interest in The Apache Software Foundation (the > > > "Foundation"). In order to clarify the intellectual property license > > > granted with contributions of software from any person or entity > > > (the "Contributor"), the Foundation would like to have a Contributor > > > License Agreement on file that has been signed by the Contributor, > > > indicating agreement to the license terms below. This license is for > > > your protection as a Contributor of software to the Foundation and does > > > not change your right to use your own contributions for any other > > purpose. > > > > > > In this case the signatory is the corporation. The language would seem > > > to suggest that the corporation is in fact contributing directly. > > > > The legal language would say that because the corporation is the original > > owner of the IP. The CCLA is intended to enable the individuals to sign > > their ICLA, which states the individual has the right to provide the IP to > > the ASF. > > > > >From a legal standpoint, the CCLA is saying the corp can contribute, but > > we don't accept contributions from them. Instead, we accept the > > corporations's IP from individuals (their employees). We accept that > > contribution under the language of the ICLA. > > > > But legalese be damned... the philosophy and intent of the ASF is to > > accept IP from individuals. Only. > > > > Cheers, > > -g > > > > -- > > Greg Stein, http://www.lyra.org/ > > > > --------------------------------------------------------------------- > > DISCLAIMER: Discussions on this list are informational and educational > > only, are not privileged and do not constitute legal advice. > > --------------------------------------------------------------------- > > To unsubscribe, e-mail: [EMAIL PROTECTED] > > For additional commands, e-mail: [EMAIL PROTECTED] > > > --------------------------------------------------------------------- > DISCLAIMER: Discussions on this list are informational and educational > only, are not privileged and do not constitute legal advice. > --------------------------------------------------------------------- > To unsubscribe, e-mail: [EMAIL PROTECTED] > For additional commands, e-mail: [EMAIL PROTECTED] -- Greg Stein, http://www.lyra.org/ --------------------------------------------------------------------- DISCLAIMER: Discussions on this list are informational and educational only, are not privileged and do not constitute legal advice. --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] For additional commands, e-mail: [EMAIL PROTECTED]
