Message: previous - next
Month: October 2014

Re: [trinity-devel] Contributor License Agreements

From: "Timothy Pearson" <kb9vqf@...>
Date: Fri, 17 Oct 2014 15:01:31 -0500
Hash: SHA224

> Am Freitag, 17. Oktober 2014 schrieb Timothy Pearson:
>> While I understand fully what you are saying, in all honesty I am not
>> concerned about problems from contributors outside of the USA/UK.  I
>> think
>> most of the free world understands what contributing to open source
>> means;
>> it's just our two countries (and maybe one or two others, not sure)
>> where
>> people seem to want to have their cake and eat it too.
>> This whole CLA thing kicked off many months ago because I have someone
>> who
>> lives in the USA and works for a USA-based engineering firm; basically
>> in
>> this situation the person's employer de facto owns all works created by
>> the employee even in their off time unless the company explicitly
>> releases
>> those rights.  Previously we had no mechanism by which the employee
>> could
>> ask the company to do that, and therefore no way for that person to ever
>> contribute to TDE; now we have a mechanism in place.
>> Tim
> I'd call this kind of contract slavery.

As would I, however it's the norm rather than the exception over here.  I
wish we would start adopting some of your laws on work and privacy, but
that is never going to happen; this country outsourced most of its
technology manufacturing long ago and seems to have put a death grip on
its (rapidly fading) intellectual property as a result.

> Anyway, I'd go for a shorter license agreement. Something in the kind of
> "I, the contributor, own all rights of my contribution. I hold the project
> harmless against any third-party claims" (don't know if that's the correct
> term, in german it's "schad und klaglos halten").

- From what I understand under our laws that wouldn't be sufficient.  The
legal rights holder would win with no recourse on my part even if the
original author signed that.

My kindergarten-level German is a bit strained here (not sure exactly what
"klaglos" means in this context) but I think it translates most closely as
"waive all rights and damages"?

> As far as my experience with lawyers goes, these kind of folk hate simple
> terms. Judges on the other hand love simple terms.

I tried to pick the least-complicated CLA I could find that would still
hold up under USA/UK law.  If David Rankin is around perhaps he could shed
some light on whether I am being too careful or not careful enough?

Thanks for your input!

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