Re: [opensource-dev] Draft update to the Contribution Agreement

2013-10-25 Thread Oz Linden (Scott Lawrence)

On 2013-10-07 12:34 , Oz Linden (Scott Lawrence) wrote:


After some discussion with both Second Life and Desurium contributors, 
Linden Lab has produced a draft of a new Contributor License Agreement 
http://lecs.opensource.secondlife.com/draft-contribution-agreement-2013-10-04.pdf 
that we would like to use for both projects in the future.  This email 
is an invitation to contributors and potential contributors to discuss 
that draft here.


The final version of the new Contributor Agreement is available now at:

http://lecs.opensource.secondlife.com/Contribution+Agreement.pdf

If you signed the previous version, there's no need to execute this one 
(if you prefer this one, feel free to do so... the new one will then 
apply you all your contributions past and future).


--
*Scott Lawrence* | /Director of Open Development/
Skype ozlinden skype://ozlinden | Second Life Oz Linden 
https://my.secondlife.com/oz.linden


Linden Lab| Makers of Shared Creative Spaces http://lindenlab.com/
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Re: [opensource-dev] Draft update to the Contribution Agreement

2013-10-08 Thread Gigs
It is customary to include addresses of the parties on contracts in the 
USA.  With only a name and signature, I could always claim it was some 
other Jason Giglio that agreed to the contract.

There aren't many ways to enter a binding contract without risking 
outing, since for it to stand up in court, it has to positively 
identify that party who actually agreed to it.

The phone number could probably be dispensed with, and I doubt Linden 
Lab would reject your contributors agreement if you just wrote no 
phone in there.  It's not unprecedented that someone might not have a 
phone number these days.

Regarding compulsory patent licensing, that's a very good thing.  If you 
note, it also requires automatic patent licensing to all recipients of 
the software.  It's basically a patent poison pill to prevent patent 
trolling.

The big catch here is that Linden Lab needs to get permission from every 
previous contributor in order to change the license.  If even one of 
them objects, it may not be possible.

It's a murky area legally to try to surgically remove a previously 
accepted contribution and then change the license.  Under most 
interpretations of copyright law, once a work is a derived work, you 
can't make it not a derived work, although you may be able to start from 
an earlier version that was not a derived work.

-Gigs

On 10/07/2013 06:50 PM, Henri Beauchamp wrote:
 On Mon, 07 Oct 2013 15:29:56 -0700, Andromeda Quonset wrote:

 Henri:

 I am simply curious and don't want to cause any
 argument or additional arguments about the
 matter, and I support everyone's rights to privacy.

 I just looked at
 http://www.cnil.fr/fileadmin/documents/en/Act78-17VA.pdf
 - See chapter II, article 6, paragraph 3

 That reads as follows:

 3° they shall be adequate, relevant and not
 excessive in relation to the purposes for which they are
 obtained and their further processing;

 I don't understand how that applies.

 The requested info (snail mail address and private phone number)
 are simply excessive in relation for the purpose (identifying
 an author: see below).
 Beside, that info is irrelevant to LL since it can change without
 them being notified (the author in question may move and/or change
 their phone number: mine changed 5 times in the last 10 years, due
 to lines being opened, then closed depending on my needs and moves,
 and to 2 ISP changes; I also already moved 3 times in 20 years).
 All what it results into is putting the author's RL data at risk
 of being outed on Internet and stalked in RL.

 The other question I would ask you:  when you register any
 original written work for a copyright in France, don't you
 have to put in some kind of identifying information?

 The forename, family name and your signature are enough
 (normally complemented with your birthdate). Again, your
 address and phone number may change anytime and are perfectly
 *irrelevant*.

 I will also remind you how, back in 2007, LL got its customers'
 payment data stolen by pirates... The stolen file was allegedly
 crypted, but it doesn't change a fact: databases are vulnerable,
 and I'm not going to endanger my privacy on Internet, in any way.
 Call me paranoid if you wish, but my point is valid nonetheless.

 Henri.
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Re: [opensource-dev] Draft update to the Contribution Agreement

2013-10-08 Thread Oz Linden (Scott Lawrence)

On 2013-10-07 14:52 , Nicky Perian wrote:
The original CLA may have same items and I just did not catch that 
casual verbal / oral conversations unless prefaced with this is not a 
contribution  would be considered a contribution. For me, that puts a 
chill on discussing with any LL employee the technical feasibility of 
an idea that may or may not become a contribution.


I confess that I missed the reference to verbal.  It has been my 
practice to insist that we always get contributions in writing and 
normally in an archival location (jira, codereview, the mailing list).  
I've already added this to my list of issues to discuss with the lawyers 
before the next draft.


--
*Scott Lawrence* | /Director of Open Development/
Skype ozlinden skype://ozlinden | Second Life Oz Linden 
https://my.secondlife.com/oz.linden


Linden Lab| Makers of Shared Creative Spaces http://lindenlab.com/
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Re: [opensource-dev] Draft update to the Contribution Agreement

2013-10-08 Thread Oz Linden (Scott Lawrence)

On 2013-10-07 18:50 , Henri Beauchamp wrote:

The requested info (snail mail address and private phone number)
are simply excessive in relation for the purpose (identifying
an author: see below).


We don't believe that information is excessive for that purpose. You are 
of course free to disagree, as we are free to not enter into the 
agreement  without it.


--
*Scott Lawrence* | /Director of Open Development/
Skype ozlinden skype://ozlinden | Second Life Oz Linden 
https://my.secondlife.com/oz.linden


Linden Lab| Makers of Shared Creative Spaces http://lindenlab.com/
Check out what we're working on! http://lindenlab.com/products
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[opensource-dev] Draft update to the Contribution Agreement

2013-10-07 Thread Oz Linden (Scott Lawrence)
As most of you probably know, Linden Lab acquired Desura^(TM), a digital 
distribution service for PC gamers.


The code for the Desura client is open source, managed as the Desurium 
project on github https://github.com/desura/Desurium.  The Desurium 
project used a different open source licenses (GPLv3) than we use for 
the Second Life Viewer project, and had its own Contribution Agreement.


After some discussion with both Second Life and Desurium contributors, 
Linden Lab has produced a draft of a new Contributor License Agreement 
http://lecs.opensource.secondlife.com/draft-contribution-agreement-2013-10-04.pdf 
that we would like to use for both projects in the future.  This email 
is an invitation to contributors and potential contributors to discuss 
that draft here.


--
*Scott Lawrence* | /Director of Open Development/
Skype ozlinden skype://ozlinden | Second Life Oz Linden 
https://my.secondlife.com/oz.linden


Linden Lab| Makers of Shared Creative Spaces http://lindenlab.com/
Check out what we're working on! http://lindenlab.com/products
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Re: [opensource-dev] Draft update to the Contribution Agreement

2013-10-07 Thread Darien Caldwell
Well, It certainly is interesting. The gist seems to be, LL becomes a full
co-owner of the contribution, including owning half of any copyright or
patent claims to any submitted contribution. This is sensible, as any
contribution becomes a core part of LL's business. I do like that LL now
takes up the mantle of defending against any infringement themselves,
rather than leaving that seemingly in the contributor's hands. I think it
also does a better job of making clear that the contribution still belongs
(in part) to the contributor, and that they can still do anything, and
everything they want to do with it, as long as that doesn't involve
removing that same right from LL, their 'partner'.

But of course the core objection most have is still there, that the
'partnership' is a bit lopsided. But If you were already comfortable with
contributing code with no expectation of financial gain, I don't see
anything that would change that feeling of comfort.

- Dari

On Mon, Oct 7, 2013 at 9:34 AM, Oz Linden (Scott Lawrence) o...@lindenlab.com
 wrote:

  As most of you probably know, Linden Lab acquired Desura™, a digital
 distribution service for PC gamers.

 The code for the Desura client is open source, managed as the Desurium
 project on github https://github.com/desura/Desurium.  The Desurium
 project used a different open source licenses (GPLv3) than we use for the
 Second Life Viewer project, and had its own Contribution Agreement.

 After some discussion with both Second Life and Desurium contributors,
 Linden Lab has produced a draft of a new Contributor License 
 Agreementhttp://lecs.opensource.secondlife.com/draft-contribution-agreement-2013-10-04.pdfthat
  we would like to use for both projects in the future.  This email is
 an invitation to contributors and potential contributors to discuss that
 draft here.

 --
  *Scott Lawrence* | *Director of Open Development*
 Skype ozlinden | Second Life Oz Lindenhttps://my.secondlife.com/oz.linden

 Linden Lab | Makers of Shared Creative Spaces http://lindenlab.com/
 Check out what we're working on! http://lindenlab.com/products

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Re: [opensource-dev] Draft update to the Contribution Agreement

2013-10-07 Thread Henri Beauchamp
On Mon, 07 Oct 2013 12:34:45 -0400, Oz Linden (Scott Lawrence) wrote:

 As most of you probably know, Linden Lab acquired Desura^(TM), a digital 
 distribution service for PC gamers.
 
 The code for the Desura client is open source, managed as the Desurium 
 project on github https://github.com/desura/Desurium.  The Desurium 
 project used a different open source licenses (GPLv3) than we use for 
 the Second Life Viewer project, and had its own Contribution Agreement.
 
 After some discussion with both Second Life and Desurium contributors, 
 Linden Lab has produced a draft of a new Contributor License Agreement 
 http://lecs.opensource.secondlife.com/draft-contribution-agreement-2013-10-04.pdf
  
 that we would like to use for both projects in the future.  This email 
 is an invitation to contributors and potential contributors to discuss 
 that draft here.

This CA, just like the previous one, violates the contributors' right
to privacy by requesting the contributor's snail mail address and phone
number (!?!?!) and as such, is illegal in France (law Informatique et
Liberté: http://www.cnil.fr/fileadmin/documents/en/Act78-17VA.pdf - See
chapter II, article 6, paragraph 3).
Note that such info is not only excessive for the purpose (in case of a
legal dispute, an US judge can get my private address from the French
justice, based on my IP address which my ISP will be legally tied to
disclose on a judge's demand), but it is also unreliable and thus,
perfectly useless (what about persons who move or simply change their
ISP and thus their phone number ?).

I will not sign such a CA... unless Linden Lab's employees all provide
me with their own snail mail address and private phone numbers, LOL !!!

Henri.
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Re: [opensource-dev] Draft update to the Contribution Agreement

2013-10-07 Thread Nicky Perian
The original CLA may have same items and I just did not catch that casual 
verbal / oral conversations unless prefaced with this is not a contribution  
would be considered a contribution. For me, that puts a chill on discussing 
with any LL employee the technical feasibility of an idea that may or may not 
become a contribution.






 From: Oz Linden (Scott Lawrence) o...@lindenlab.com
To: opensource-dev opensource-dev@lists.secondlife.com 
Sent: Monday, October 7, 2013 11:34 AM
Subject: [opensource-dev] Draft update to the Contribution Agreement
 


As most of you probably know, Linden Lab acquired Desura™, a digital 
distribution service for PC gamers.

The code for the Desura client is open source, managed as the Desurium project 
on github.  The Desurium project used a different open source licenses (GPLv3) 
than we use for the Second Life Viewer project, and had its own Contribution 
Agreement. 

After some discussion with both Second Life and Desurium
contributors, Linden Lab has produced a draft of a new Contributor License 
Agreement that we would like to use for both projects in the future.  This 
email is an invitation to contributors and potential contributors to discuss 
that draft here.


-- 

Scott Lawrence | Director of Open Development
Skype ozlinden | Second Life Oz Linden

Linden Lab| Makers of Shared Creative Spaces
Check out what we're working on! 
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Re: [opensource-dev] Draft update to the Contribution Agreement

2013-10-07 Thread Darien Caldwell
Or to put in simpler terms, If you don't want to give LL an idea, then
absolutely, do not talk to them about it.  Which you would think would be
common sense. :)
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Re: [opensource-dev] Draft update to the Contribution Agreement

2013-10-07 Thread Darien Caldwell
I would say that's probably the Intent. If you're trying to pry details out
of LL employees, with full knowledge you never intend to actually
contribute the result, why should LL assist you in that?

However, if you do intend to contribute, discussing the contribution with
the understanding the discussion is contributory, would have no net effect
on outcome. You'd already be contributing what you intend to contribute
later.

LL is simply protecting themselves from the scenario where someone mentions
some idea, and Later LL does something similar, and then said person starts
screaming LL stole my idea.  Because this happens a lot, in all creative
fields (TV, Movies, Music, Games, and software).  This just lays it out
clearly: If you discuss something with us, don't expect us to magically
forget it.

 - Dari
On Mon, Oct 7, 2013 at 11:52 AM, Nicky Perian nickyper...@yahoo.com wrote:

 The original CLA may have same items and I just did not catch that casual
 verbal / oral conversations unless prefaced with this is not a
 contribution  would be considered a contribution. For me, that puts a
 chill on discussing with any LL employee the technical feasibility of an
 idea that may or may not become a contribution.



   --
  *From:* Oz Linden (Scott Lawrence) o...@lindenlab.com
 *To:* opensource-dev opensource-dev@lists.secondlife.com
 *Sent:* Monday, October 7, 2013 11:34 AM
 *Subject:* [opensource-dev] Draft update to the Contribution Agreement

  As most of you probably know, Linden Lab acquired Desura™, a digital
 distribution service for PC gamers.

 The code for the Desura client is open source, managed as the Desurium
 project on github https://github.com/desura/Desurium.  The Desurium
 project used a different open source licenses (GPLv3) than we use for the
 Second Life Viewer project, and had its own Contribution Agreement.

 After some discussion with both Second Life and Desurium contributors,
 Linden Lab has produced a draft of a new Contributor License 
 Agreementhttp://lecs.opensource.secondlife.com/draft-contribution-agreement-2013-10-04.pdfthat
  we would like to use for both projects in the future.  This email is
 an invitation to contributors and potential contributors to discuss that
 draft here.

 --
  *Scott Lawrence* | *Director of Open Development*
 Skype ozlinden | Second Life Oz Lindenhttps://my.secondlife.com/oz.linden

 Linden Lab | Makers of Shared Creative Spaces http://lindenlab.com/
 Check out what we're working on! http://lindenlab.com/products

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Re: [opensource-dev] Draft update to the Contribution Agreement

2013-10-07 Thread Andromeda Quonset
At 10:50 AM 10/7/2013, you wrote:

This CA, just like the previous one, violates the contributors' right
to privacy by requesting the contributor's snail mail address and phone
number (!?!?!) and as such, is illegal in France (law Informatique et
Liberté: http://www.cnil.fr/fileadmin/documents/en/Act78-17VA.pdf - See
chapter II, article 6, paragraph 3).
Note that such info is not only excessive for the purpose (in case of a
legal dispute, an US judge can get my private address from the French
justice, based on my IP address which my ISP will be legally tied to
disclose on a judge's demand), but it is also unreliable and thus,
perfectly useless (what about persons who move or simply change their
ISP and thus their phone number ?).

I will not sign such a CA... unless Linden Lab's employees all provide
me with their own snail mail address and private phone numbers, LOL !!!

Henri.

Henri:

I am simply curious and don't want to cause any 
argument or additional arguments about the 
matter, and I support everyone's rights to privacy.

I just looked at 
http://www.cnil.fr/fileadmin/documents/en/Act78-17VA.pdf 
- See chapter II, article 6, paragraph 3

That reads as follows:

3° they shall be adequate, relevant and not 
excessive in relation to the purposes for which they are
obtained and their further processing;

I don't understand how that applies.

The other question I would ask you:  when you 
register any original written work for a 
copyright in France, don't you have to put in 
some kind of identifying information?

Regards,
Andromeda Quonset 

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Re: [opensource-dev] Draft update to the Contribution Agreement

2013-10-07 Thread Henri Beauchamp
On Mon, 07 Oct 2013 15:29:56 -0700, Andromeda Quonset wrote:

 Henri:
 
 I am simply curious and don't want to cause any 
 argument or additional arguments about the 
 matter, and I support everyone's rights to privacy.
 
 I just looked at 
 http://www.cnil.fr/fileadmin/documents/en/Act78-17VA.pdf 
 - See chapter II, article 6, paragraph 3
 
 That reads as follows:
 
 3° they shall be adequate, relevant and not 
 excessive in relation to the purposes for which they are
 obtained and their further processing;
 
 I don't understand how that applies.

The requested info (snail mail address and private phone number)
are simply excessive in relation for the purpose (identifying
an author: see below).
Beside, that info is irrelevant to LL since it can change without
them being notified (the author in question may move and/or change
their phone number: mine changed 5 times in the last 10 years, due
to lines being opened, then closed depending on my needs and moves,
and to 2 ISP changes; I also already moved 3 times in 20 years).
All what it results into is putting the author's RL data at risk
of being outed on Internet and stalked in RL.

 The other question I would ask you:  when you register any
 original written work for a copyright in France, don't you
 have to put in some kind of identifying information?

The forename, family name and your signature are enough
(normally complemented with your birthdate). Again, your
address and phone number may change anytime and are perfectly
*irrelevant*.

I will also remind you how, back in 2007, LL got its customers'
payment data stolen by pirates... The stolen file was allegedly
crypted, but it doesn't change a fact: databases are vulnerable,
and I'm not going to endanger my privacy on Internet, in any way.
Call me paranoid if you wish, but my point is valid nonetheless.

Henri.
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