On Jun 9, 2005, at 3:48 AM, Robin Garner wrote:

8) Employment Limitations

    Are you employed as a programmer, systems analyst, or other
    IT professional?  If so, you may be an commiter
    only if your employer either:

    a) signs a Corporate Contribution License Agreement with Apache
       and lists you as a designated employee or

    b) submits a written authorization for your participation in this
project and disclaims any copyright or confidentiality interest
       in your current or future contributions to this project.


To me, this is _way_ too restructive.

It is very restrictive, and is a starting point for the discussion.

This is a real problem, I think. I believe that people don't understand the restrictions they are working under, and the ramifications of what can happen.


While this kind of statement
wouldn't be a problem for me currently, from time to time I've been
employeed by either a large company or the Australian Government, neither
of which have any legal rights to anything I do out of hours, but who
would have conniptions if asked to sign an agreement like this. Simply because the pointy haired bosses wouldn't understand what it was about,
and would go into knee-jerk abnegation-of-responsibility mode.

LOL.  "KJAORM"

Well, what do we do? I'm not sure we can punt here, but clearly we want to make it so the broadest community can participate.


What is wrong with a personal statement confirming that no third party has
a claim on the IP of the contribution.  Seems to work for the CPL, but
then IANAL ...

The CPL is just a license, not an organization that would be creating and distributing software under that license.

The scenario that I fear is someone confirming that no third party has a claim, in perfectly good faith. Then, after some time goes by, they get involved with a big company as an employee, contractor or such, and as part of the paperwork, sign a document that changes that situation. They may not remember their claim, and thus any work after that puts the project at some level of risk we didn't have before.

Worse is someone signing in bad faith or in ignorance.

We're open to any and all suggestions.

geir

--
Geir Magnusson Jr                                  +1-203-665-6437
[EMAIL PROTECTED]


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