It is the responsibility of the committer to get a CCLA signed by their employer if they are being paid for the work being done or have a clause in their employment contract that give ownership to the employer of all of the work that they do during their term of employment.

This is impossible to know unless you know the employee's situation completely.

It is worth asking the question about the rights of the employer of each contributor but you have to trust the contributor.

If contributors have ICLA's and their employer has signed a CCLA, the committer's responsibility for assuring that the contribution can be committed, becomes simpler.

Life for a committer just gets easier if every contributor takes a few minutes and gets an ICLA filed and if a CCLA is required, get their boss to sign one and put it on file.

I don't see any advantage in not doing this.

Ron

On 13/06/2016 2:33 PM, David Nalley wrote:
CCLAs are completely optional - and no one (AFAIK) checks the employer
of new committers as a general rule. (Plus, employers change)

ICLAs are required for committers - and they explicitly say among
other things that you won't commit things for which the ASF wouldn't
have the right to redistribute.

Code contributions from non-committers are generally accepted under
provision 5 of the Apache Software License V2. So strictly speaking an
ICLA isn't required. However, we generally would want to have an ICLA
for any major contribution. (Think something on the magnitude of a
distinct new feature; or something requiring IP Clearance, etc) This
is essentially the person communicating to us that their contribution
is being freely given and they are authorized to provide it to us.

--David

On Fri, Jun 10, 2016 at 10:56 AM, John Burwell
<john.burw...@shapeblue.com> wrote:
Ron,

As part of committer on-boarding, the PMC requires each committer candidate 
have an ASF ICLA in place and verifies the CCLA of their employer.

Thanks,
-John

john.burw...@shapeblue.com
www.shapeblue.com
53 Chandos Place, Covent Garden, London VA WC2N 4HSUK
@shapeblue


On Jun 10, 2016, at 10:47 AM, Ron Wheeler <rwhee...@artifact-software.com> 
wrote:
That is correct from my reading of the Apache page as well.
I think that your definition of committer and contributor is identical to 
Apache's.


Ron

On 09/06/2016 3:57 PM, John Burwell wrote:
All,

I believe Pierre-Luc’s explanation is correct, and that we may have slightly 
different definitions of contributor and committer.  Generally, we define a 
contributor, we are referring to anyone (committer, PMC member, any person in 
the world) who contributes code, documentation, etc to the project.  We define 
a committer as a contributor who demonstrated a strong and sustained commitment 
to the project.  In recognition of this commitment, committers are granted the 
right to commit changes to the project’s public repositories.  Execution of an 
ICLA and CCLA are required in order for someone to become an Apache CloudStack 
committer.

IANAL, but my understanding is that any individual can contribute to an Apache 
project without signing an ICLA/CCLA because a committer with one in place will 
perform commit to the repository.  The act of the individual giving code to the 
project and a committer reviewing and committing it to the repository qualifies 
as rights assignment under by the ASL.  Since execution of an ICLA/CCLA is a 
prerequisite for all Apache CloudStack committers and Apache secures our 
repositories to only allow committers read/write access, rights assignment 
under the ASL for our repositories is properly enforced/managed.

Thanks,
-John

john.burw...@shapeblue.com
www.shapeblue.com
53 Chandos Place, Covent Garden, London VA WC2N 4HSUK
@shapeblue


On Jun 9, 2016, at 1:46 PM, Pierre-Luc Dion <pdion...@apache.org> wrote:
Hi Ron,

As far as I know, ICLA and CCLA is required for commiters, but not required
for non-commiters contributors. I don't know about all details, someone
else in the ML might have more details about this. For sure, you can be a
contributor without submitting code as a anyone in this ML is consider as a
contributor.

Cheers,


On Thu, Jun 9, 2016 at 11:46 AM, Ron Wheeler <rwhee...@artifact-software.com
wrote:
As part of a discussion during last weeks meeting in Mpntreal, the
question was raised about the requirement to have an Individual Contributor
License Agreement (ICLA) for each contributor.

http://www.apache.org/licenses/ describes the requirements as follows:

"The ASF desires that all contributors of ideas, code, or documentation to
any Apache projects complete, sign, and submit (via fax or email) an
Individual Contributor License Agreement (ICLA). The purpose of this
agreement is to clearly define the terms under which intellectual property
has been contributed to the ASF and thereby allow us to defend the project
should there be a legal dispute regarding the software at some future time.
A signed ICLA is required to be on file before an individual is given
commit rights to an ASF project.

For a corporation that has assigned employees to work on an Apache
project, a Corporate CLA (CCLA) is available for contributing intellectual
property via the corporation, that may have been assigned as part of an
employment agreement. Note that a Corporate CLA does not remove the need
for every developer to sign their own ICLA as an individual, to cover any
of their contributions which are not owned by the corporation signing the
CCLA."

There is a split between desirable and mandatory.

I am not sure that the argument that submitting a PR is a clear sign of
intent to give up all rights, has ever been tested in a court but it is
much easier to have an signed ICLA for each contributor.

A CCLA for each company that is either paying people to work on the
project or has a clause in their employment contract giving the company
rights to all IP created during their employment is required. This removes
any ambiguity about the individual's right to make a PR.

It is a little bit of housekeeping to keep track of the list of
contributors with ICLA's. A wiki page listing the contributors is a simple
solution.

https://cwiki.apache.org/confluence/display/OFBIZ/Apache+OFBiz+Contributors
is what we did at OFBiz.

The ICLA and CCLA is good for all Apache projects.

Ron

--
Ron Wheeler
President
Artifact Software Inc
email: rwhee...@artifact-software.com
skype: ronaldmwheeler
phone: 866-970-2435, ext 102



--
Ron Wheeler
President
Artifact Software Inc
email: rwhee...@artifact-software.com
skype: ronaldmwheeler
phone: 866-970-2435, ext 102


--
Ron Wheeler
President
Artifact Software Inc
email: rwhee...@artifact-software.com
skype: ronaldmwheeler
phone: 866-970-2435, ext 102

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