On Tue, 16 Jun 2020 at 20:56, Craig Russell <[email protected]> wrote:
> Generally Apache does not require ICLA from small-patch contributors. If a 
> large-patch contribution comes in, generally projects may request an 
> ICLA/CCLA depending on who owns the intellectual property.
>
> When I've been involved in the past with "to icla or not to icla" the 
> question has come down to "how big a problem would reverting this patch be?"
>
> So look at it from the risk perspective. If someone (e.g. the submitter's 
> employer) claims intellectual property rights over a contribution and the 
> project subsequently had to revert the contribution, how much of a problem 
> would that be? If it would be a major hassle, a contributor document would be 
> requested. To avoid that risk, the PMC can decide to require an ICLA/CCLA 
> before accepting a patch. "No one is going to tell the PMC what to do here".

Thanks!  Yes, this is my understanding on starting this thread.
Basically, from an ASF point of view, committers *require* an ICLA,
contributors don't, no matter how massive the change.  But it's also
committer's responsibility to be sure on IP issues.  And up to the PMC
exactly how best to apply.

Requiring an ICLA in certain circumstances makes sense.  At the moment
we just seem to say "important modifications" which everyone seems to
understand differently judging by recent PR comments.  I'd just prefer
to not requiring (or bringing up) unless necessary, and had a clearer
idea of what the triggers are -

Two quotes from an email (in response to the linked post) might be
useful for us, alongside your "how big a problem would reverting this
patch be?"

"If it is large enough or clever enough to be hard to replicate you
should probably ask for a more formal record of agreement to the
license."

"So as a rough guide, a typical small patch/pull request is easy,
someone adding a couple of brand new classes/files should raise
warning signs and new modules/folders should be require ICLA. If the
code looks like a mixed ragbag, ask for further provenance, an ICLA
and code style cleanup :)."

http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201606.mbox/%3cCAMBJEmVaB32H9O2W2HtXrZ2WfUA6CoeX=6_e8yg64ypnzfb...@mail.gmail.com%3e

> By the way, I am not now, nor have I ever been, a lawyer.

:-)

Best wishes,

Neil

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