On 7/18/2017 14:40, Alex Miller wrote:
>
>     If all of the nontrivial contributors to the project decide they
>     want to change the license later, do we also need to obtain Rich's
>     assent?
>
>
> This has nothing to do with Rich or the contributors. The project is
> available as open source under a license and you may only modify and
> distribute the code under the terms of the license. In this case, EPL
> requires that derivative code be released under EPL afaik.

My point was that the license under which code is distributed can be
changed, with the assent of all contributors. (One of the practical
rationales of CAs is that the assignee then has ultimate latitude to
change the license, without having to clear that administrative hurdle.)
If in some future where project X is forked to be independent of an
entity that previously was a (yes, joint) copyright assignee, do the
project leads for X have to obtain that entity's agreement in order to
change the license? Questions about relicensing are sort of comical IMO
in the context of a project the size and importance of nREPL, but they
and everything else related to licensing questions come up on a regular
basis in the context of having a CA, and the answers end up mattering to
contributors.

>  
>
>     (Parenthetically, it strikes me as very strange for a project to
>     have a
>     copyright assignment to an individual that hasn't lodged any
>     commits, at
>     least insofar as the project gone "solo". It's interesting that I
>     don't
>     have that intuition if the assignee is an org like Apache or
>     whatever, a
>     discrepancy that I'll have to think on.)
>
>
> Afaik, this is not at all strange and is (legally) the exact same
> thing. Note that the copyright assignment in the Clojure Contributor
> Agreement is a *joint* copyright ownership. While rights are granted
> to Rich, they are also fully retained by the original author, which
> may imply that a "reboot" could include your original work and make
> derivatives of it without being pursuant to whatever the contrib
> version is doing. That would not automatically to other authors
> changes, but presumably they could make the same determination. Again,
> this is not legal advice, and this may not be correct - please read
> the CA and pursue better advice to make that judgement.

Yes, it's legally the same thing, but I don't think it'd be
controversial to say that assigning copyright to an individual has very
different practical and qualitative consequences compared to an
organization like Apache or FSF or Linux Foundation. Reams more could be
written about CAs and foundations (or not) and all that, but this is
already treading too far OT. :-)

FWIW, I had intended my legal questions previously to be rhetorical
(though I appreciate the qualified answers that confirmed my
intuitions); I think the broader point is that, insofar as an
independent project isn't going to benefit from being in contrib any
longer, if it's possible, I see no reason to carry that legacy. For
better or worse, the commit history of nREPL is such that a reboot is
quite reasonable as you describe, i.e. taking my commits, re-forming a
project, and applying all of the changes from other contributors that
agree to come along. Any differential is going to be relatively trivial
to straighten out.

(Sorry for any duplicate mails. I'm out of practice w.r.t. ML reply-all
habits!)

- Chas

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