On Jan 1, 2013, at 2:03 PM, Ezio Melotti <ezio.melo...@gmail.com> wrote:

> Hi,
> 
> On Tue, Jan 1, 2013 at 7:06 PM, Jesse Noller <jnol...@gmail.com> wrote:
>> On Jan 1, 2013, at 11:54 AM, Ezio Melotti <ezio.melo...@gmail.com> wrote:
>>> Hi,
>>> 
>>> [...]
>>> 
>>> We also discussed about the contributor agreement and IIUC:
>>>  1) he signed it already 1.5 years ago but apparently it got lost (that 
>>> wouldn't be too surprising if it really happened);
>>>  2) he thinks the current agreement is "invalid" because the PSF doesn't 
>>> follow the terms and requirements of the linked Apache 2 license (and while 
>>> he doesn't seem against signing in, that would be quite pointless if it was 
>>> indeed invalid);
>>>  3) he said that an electronic signature like the one at the bottom of 
>>> http://code.google.com/legal/individual-cla-v1.0.html should be used 
>>> instead of printing/scanning/mailing the agreement (this (or some similar 
>>> suggestion) already came up a few times here).
>>> 
>>> Best Regards,
>>> Ezio Melotti
>> 
>> All of this is moot; we have a new admin; we are working towards electronic 
>> signatures,
> 
> That's good news.
>  
>> but it uses the same CLA as before; the terms and licenses are not different.
>> If he refuses to sign and send in the current CLA then that's his choice, 
>> and his contributions will not be included.
> 
> IIUC he's also saying that a CLA doesn't necessarily require to be linked to 
> one or more external licenses, i.e. you can agree to contribute under the 
> terms of the CLA alone and that should be enough.  The Google individual CLA 
> seems to do this.
> The problem with linking to external licenses is that *in theory* it requires 
> you (and him) to read, understand, and accept their terms before putting your 
> signature on the agreement.  In practice people are too lazy to do it and/or 
> they don't care, so the only common problem is that contributors don't know 
> which one to pick and ask you if you can lend them a coin to flip.
> So, unless there's some specific reason preventing it, it should be possible 
> to simplify our CLA and make it "self-contained" so that contributors can 
> easily understand what they are signing (IANAL, but it seems to work for 
> Google).

Precisely. None of us are lawyers; the CLA was made by lawyers to be compatible 
with the Python license "stack" which has its own set of issues. 

That all said; again, the likelihood of short term alteration of the CLA is a 
non starter, so he can feel free to take his time to understand why we require 
contributions to be licensed to the PSF under the listed licenses.

However; I've sent this to a real lawyer for his opinion. 

>  
>> If he has specific legal concerns about the CLA backed by legal standing, he 
>> can send them to p...@python.org and we will have legal counsel review them.
> 
> I think the problem (or one of the problems) is that the Apache license 
> (http://opensource.org/licenses/apache2.0.php) requires that, among other 
> things, "You must give any other recipients of the Work or Derivative Works a 
> copy of this License; and You must cause any modified files to carry 
> prominent notices stating that You changed the files".  I'm not sure if we 
> are doing this, if we really are required to do it, and what are the 
> implications if we don't do it.  These are probably questions that a lawyer 
> should answer (but OTOH contributors should be able to understand it without 
> being lawyers themselves).
> 

I sent it to a lawyer. Note the CLA was designed by PSF legal counsel, to whom 
I have sent this thread.

> Also note that these issues are somewhat orthogonal.  Electronic signatures a 
> simpler CLA are about improving and simplifying the process, while the issues 
> with the Apache license could be an actual problem (that might be solved if 
> the external licenses are removed by the CLA).  The combination of the two 
> issues is probably making him uncomfortable about signing, even if he stated 
> that we are free to use his patches on the bug tracker as we wish (but we 
> can't without contribution form -- unless they are trivial).
> IOW, from his point of view, he is willing to contribute, but before doing so 
> he has to sign the contributor form.  Since he wants to understand what he is 
> signing (and this is not an unreasonable request), he also has to read and 
> understand the linked licenses, and because there are parts of them that are 
> not yet clear to him, he is reluctant about signing.
> (Disclaimer: the views expressed in this and some of the others email I wrote 
> solely represent my understanding of the issues, and do not necessarily 
> represent the actual views of anatoly.)

If he signed it 1.5 years ago, the CLA has not changed. Ergo, I fail to see 
what the issue is today.


> 
> Best Regards,
> Ezio Melotti
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