Kevin Walsh wrote:
The perpetual agreement grants "the owner" a "non-cancellable right
to use changes and/or enhancements" made to the Asterisk codebase "as
[the] owner sees fit." As any Asterisk fork would, of course, be based
upon existing Asterisk code, "the owner" would have the automatic right
to take any code they wanted and backport it into the Asterisk Binary
Edition - as long as the contributor to the fork had previously signed
a perpetual "disclaimer" at some point in the past.
Nice work clipping out only the words you wanted to use there! Let's try
this again, with the actual text from the disclaimer:
(b) The rights made in Para. 1(a) of this Agreement applies to all past
and future contributions of Contributer that constitute changes and
enhancements to the Program.
2. Contributer shall report to Owner all changes and/or enhancements to
the Program which are covered by this Agreement, and (to the extent known
to Contributer) any outstanding rights, or claims of rights, of any
person, that might be adverse to the rights of Contributer or Owner.
In other words, the _only_ code that the disclaimer covers is that which
the Contributer directly identifies to Digium to be covered by the
disclaimer. In absolutely no way does this disclaimer give Digium the
right to appropriate other changes the Contributer makes to the covered
programs without their knowledge and permission.
In addition, even the most liberal interpretation of these clauses still
includes the words "Contributer" and "contribution", which clearly means
that the entity signing the disclaimer has sole discretion which of
their changes are covered and which are not.
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