On Wed, Jul 29, 2009 at 9:47 AM, Martin Aspeli<optilude+li...@gmail.com> wrote:
> Wichert Akkerman wrote:
>
>> The whole point of the agreement and the conservatory is that we have a
>> solid legal basis. I would really like to see an informed legal opinion on
>> the requirements for moving existing code to foundation ownership. Without
>> that I fear we may be on dangerous ground and risk making the separate
>> repository useless.

+100

For what I know we needed to explicitly state what code we had written
and wanted to donate to the Foundation for work done prior to the
agreement. We do need some kind of document (whatever constitutes a
legal document in Delaware) that states who transfers what code to the
Foundation. Just because I signed the agreement to transfer the my
rights in the stuff now in the Plone repo, doesn't mean I
automatically transfer the copyright in anything else.

> But don't let it stop or discourage people from doing what's right. The
> Contributor Agreement is pretty clear reading, especially the front page
> matter: http://plone.org/foundation/contributors-agreement/agreement.pdf

The first thing you learn about the legal system is that the written
text of any agreement or contract is just a tiny little piece of what
actually is the case. What is written might be clearly illegal, it
might not match current law practice as exercised by courts anymore or
the text might look like it's stating something whereas the legal
language makes it something else. Legal language and English only seem
to be the same for some degree, but they aren't really.

> People get far too worked up over the What Would A Layer Do question,
> probably in the belief that there is in fact a black-and-white answer that
> they're just not qualified to know. I can understand it coming from
> Americans. They probably have wristbands with that written on them. Less so
> from the Dutch. :)

There's never a black-and-white answer. But with American case law you
have no clue whatsoever what could be the case without studying a lot
of law. Since we have pro-bono legal council, we better make use of it
for important legal concerns.

Hanno

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