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Gmane
From: Henri Yandell <bayard <at> apache.org>
Subject: Re: FAQ: CCLA Optional?
Newsgroups: gmane.comp.apache.legal.discuss
Date: Friday 8th January 2016 04:08:46 UTC (about 1 year ago)
Committers sign ICLAs, contributors don't (typically - maybe a project has
a reason for requiring contributors to sign ICLAs but I don't recall it
being done).

On Thu, Jan 7, 2016 at 2:06 PM, Todd Lipcon  wrote:

> One point of clarification: at what point does it become a committer's
> duty to ensure that a *contributor* (eg who has uploaded a patch to fix a
> bug or contribute a feature) has the appropriate documentation on file?
>
> As long as I've been around Apache it's been my understanding that the
> onus is on the contributor to know if their employment situation demands
an
> ICLA or CCLA, not the committer who accepts the work. A while back, we
used
> to have a checkbox on the JIRA attach button that was a sort of
> mini-license-grant, but that disappeared a few years ago IIRC.
>
> Would be good to clarify this in the FAQ entry.
>
> -Todd
>
>
> On Thu, Jan 7, 2016 at 1:44 PM, sebb  wrote:
>
>> Fixed typo:
>>
>> their's => theirs
>>
>> On 7 January 2016 at 21:31, Sam Ruby  wrote:
>> > I've pushed this out to the FAQ, lightly edited:
>> >
>> >
>> http://www.staging.apache.org/legal/resolved.html#are-contributors-required-to-sign-a-ccla
>> >
>> > Changes:
>> >
>> > 1) Expanded the original question
>> >
>> > 2) Fixed a typo "employent" and reworded first sentence
>> >
>> > 3) Changed CLA to ICLA for clarity
>> >
>> > 4) Added mentions of sections 4 and 8 of the ICLA where additional
>> > clarifications can be found.
>> >
>> > - Sam Ruby
>> >
>> >
>> > On Thu, Jan 7, 2016 at 3:11 PM, Jim Jagielski  wrote:
>> >> +1
>> >>> On Jan 7, 2016, at 12:15 PM, William A Rowe Jr 
>> wrote:
>> >>>
>> >>> Common source of confusion, worthy of an FAQ entry, but not quite
>> correct
>> >>> with respect to the answer "if your employer requires so".  "if your
>> employent
>> >>> situation necessitates" is a little more accurate.
>> >>>
>> >>> Committers must sign a CLA.  They make an individual claim that the
>> code that
>> >>> they contribute is their's to license.  Reviewing their CLA against
>> their employer's
>> >>> ownership interests, applicable state and national law, and specific
>> aspects of
>> >>> their employment contract and business policies will reveal that
they
>> can or
>> >>> cannot make that claim regarding any particular commit to whichever
>> particular
>> >>> project they are committing in.
>> >>>
>> >>> The CCLA is a backup document that the committer/CLA signer may use
to
>> >>> eliminate all of the ambiguity between all these conflicting laws,
>> contracts,
>> >>> policies and job assignments.  We've never required it, many
>> committers
>> >>> are confident of their individual representations under the CLA,
many
>> other
>> >>> committers find it reassuring that their company has backed up their
>> own
>> >>> CLA with this umbrella document.
>> >>>
>> >>> It is the CLA signatory's call if it is required, but it isn't
>> exactly an easy call
>> >>> for many committers employed in the IT/Software industry.
>> >>>
>> >>> Bill
>> >>>
>> >>>
>> >>> On Thu, Jan 7, 2016 at 11:04 AM, Rob Vesse 
>> wrote:
>> >>> Good suggestion
>> >>>
>> >>> I would think that the answer needs to be more than just "if your
>> employer requires so".  It would need to cover the fact that many
>> employment contracts give copyright and IP of work done on employer time
>> (and sometimes outside of it) to the employer and so a CCLA would be
>> desirable/required unless Apache contributions are done only outside
>> employer time.  Also in some jurisdictions this may actually be an
implicit
>> effect of the jurisdictions copyright/IP law e.g.
>> https://www.gov.uk/guidance/ownership-of-copyright-works#works-created-for-an-employer
>> >>>
>> >>> Rob
>> >>>
>> >>> From: Henri Yandell 
>> >>> Reply-To: 
>> >>> Date: Thursday, 7 January 2016 16:28
>> >>> To: ASF Legal Discuss 
>> >>> Subject: FAQ: CCLA Optional?
>> >>> Am I being blind, or is there not a FAQ saying something to the
>> effect of:
>> >>>
>> >>> * Is the CCLA required?
>> >>> * No, this document only needs to be signed if your employer
requires
>> so.
>> >>>
>> >>
>> >>
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>>
>
>
> --
> Todd Lipcon
> Software Engineer, Cloudera
>
 
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