>Do you have lots of persons wanting to write code?
Eric,
it's likely that we'll have changing persons, and when we finally get some
people to port OC to other platforms, we'll have additional persons.
>the source code remains the property
>of the author, but the partnership has an irrevocable licence
>to use resources generated from the source code
This is definitely required. It would be impracticable if e.g. I developed
my block file format, it was used in OC for a year and then I'd decide to
redraw the license. Suddenly, hundreds of stacks would need to be
converted, and OC would be unusable until a new file format was coded. This
is what we want to prevent. If OC's sources are PD, all of it should be.
It's un-manageable to have to contact 100 authors each before being able to
distribute a program built on the modified sources. That is, anyone
creating derived programs, not just the OC group, would need to get this
irrevocable license. I guess PD fits the bill best, but since there might
be some restrictions we might want to add (see my other message), we'd need
"almost-PD".
>I.e. do you want a license for the partnership to use
>the compiled code? Or to use the source code? Or for third parties to use the
>authoring tool to be created? Both?
We definitely need to be able to use more than just the compiled code. We
need the sources, because if there's a bug anywhere, we need to be able to
fix it without asking for the author's permission, or if we introduce a new
feature that requires a rewrite of a part of some author's code, we need to
be able to do this ad libitum.
>You were concerned about the possibility of a code writer
>sending you code with a request for money. In such a case
>return the code ASAP to sender, along with a note clearly
>indicating that this is a non profit enterprise and that
>while you appreciate their efforts, you have not asked for
>their offer and that you do not accept their offer.
Trouble is, if we receive it via e-mail, we might not be able to prove we
haven't read it, and since there's only so many ways to code certain
techniques, it is likely that we code something just like the submitted
code did it. Hence we need to have an insurance that we can't be accused of
using the source even if we sent it back.
>Or, similarly. If the person sends you code, with no request for
>money, and later asks for money a court probably would say
>"no" (60 to 80% certain depending on the facts).
I guess this is the more unlikely case, but we should of course guard
ourselves against this every way possible.
>"OpenStack is a not for profit enterprise. Consequently,
>we cannot pay for anything you submit. Unsolicited submissions,
>while remaining your personal property, do not imply any
>legal obligation on the part of the openstack partners, commercial
>or otherwise. Moreover, openstack reserves the right to irrevocably
>use object code generated by submissions, solicited or
>otherwise. Thus, if in doubt, please contact us prior to submitting any
>material."
>
>All but the next to last line is very fair, and should CYA.
This is along the lines of what I had in mind. If this covers our behinds
against everything mentioned above, we should be able to do this. But
instead of appending it to every message we could require people to sign
this before subscribing to the mailing list, and we should mention it on
our web site prominently. Would this be legally sufficient? It sure is more
convenient.
>Is the idea that you have say fifty odd resources that the
>person links via resEdit? Or fifty odd functions to be
>compiled and linked via, e.g. code warrior?
>Or - i think this is what you mean (i think) - you want to
>develop an authoring tool,
>and make the resources public domain,
>(up to here, i understand, from here i'm not sure what you
>mean)
>but you want to prevent a later developper from producing a
>similar tool from your resources
>and then ordering you not to produce your tool
Of course we want to prevent this, too. But we also want to prevent that
we are sued or asked for support for a product some other developer made
based on our sources. We want people to know what comes from us and what
doesn't.
Cheers,
-- M. Uli Kusterer
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