Re: Contributor agreements and copyright assignment (was Re: Really, about udev, not init sytsems)

2012-12-08 Thread Steve Langasek
On Wed, Dec 05, 2012 at 07:03:23PM +0800, Thomas Goirand wrote:
> On 12/05/2012 06:15 AM, Steve Langasek wrote:
> > I understand that concern and recognize that this is a not-uncommon
> > sentiment among Debian folks; this very closely parallels the question of
> > whether one is willing to release software under a BSD license - or the MPL
> > - vs. the GPL.  But while some people do object to releasing their patches
> > under a BSD license, there's certainly room for BSD code in Debian.  The
> > same is true of GPL works with contributor agreements.  Yes, some folks will
> > choose not to contribute to it on upstream's terms, but there are still
> > plenty of others who will.
> I don't really want to go into the CLA debate (others have better
> things to share than me about it). But I think we all agree that,
> for some in Debian (I'm not talking about myself here), the Ubuntu
> CLA is (at least) annoying, to the point it has been mention in the
> init debate.

> So, my question to you Steve is: has this been discuss inside
> Canonical recently?

No.  The current CLA is the *result* of extensive discussions with the wider
Free Software community about how this should work.  It is not the goal to
create a CLA that makes every individual in Debian happy, and even if it
were that's not a realistic goal.  The terms of the agreement are not up for
discussion here.  Nor am I trying to convince people that they (or their
employers) should be happy with the CLA if they aren't.  I'm merely
advocating that people judge such agreements on their own merits.

As a technologist, I would certainly love it if everyone who might like to
contribute to upstart would be comfortable with the terms of doing so, but
unfortunately that's not going to be the case.  Even so, upstart remains a
viable project, and people don't have to be willing to contribute to it
themselves to reap the benefits of that.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
Ubuntu Developerhttp://www.debian.org/
slanga...@ubuntu.com vor...@debian.org


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Re: Contributor agreements and copyright assignment (was Re: Really, about udev, not init sytsems)

2012-12-05 Thread Thomas Goirand
On 12/05/2012 06:15 AM, Steve Langasek wrote:
> I understand that concern and recognize that this is a not-uncommon
> sentiment among Debian folks; this very closely parallels the question of
> whether one is willing to release software under a BSD license - or the MPL
> - vs. the GPL.  But while some people do object to releasing their patches
> under a BSD license, there's certainly room for BSD code in Debian.  The
> same is true of GPL works with contributor agreements.  Yes, some folks will
> choose not to contribute to it on upstream's terms, but there are still
> plenty of others who will.
I don't really want to go into the CLA debate (others have better
things to share than me about it). But I think we all agree that,
for some in Debian (I'm not talking about myself here), the Ubuntu
CLA is (at least) annoying, to the point it has been mention in the
init debate.

So, my question to you Steve is: has this been discuss inside
Canonical recently? Would it be possible that Canonical rethinks
its contribution policy for at least Upstart (eg: wave the CLA signing
requirement for Upstart)? Or is this something that you think has
very little chance to change?

Cheers,

Thomas


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Re: Contributor agreements and copyright assignment (was Re: Really, about udev, not init sytsems)

2012-12-04 Thread Steve Langasek
On Tue, Dec 04, 2012 at 06:42:37PM +, Ian Jackson wrote:
> Barry Warsaw writes ("Re: Contributor agreements and copyright assignment 
> (was Re: Really, about udev, not init sytsems)"):
> > FTR: http://www.canonical.com/contributors

> That allows Canonical to make proprietary forks of the code (eg, to
> engage in the dual licensing business model).  This is very
> troublesome for me; it's too asymmetric a relationship.

I understand that concern and recognize that this is a not-uncommon
sentiment among Debian folks; this very closely parallels the question of
whether one is willing to release software under a BSD license - or the MPL
- vs. the GPL.  But while some people do object to releasing their patches
under a BSD license, there's certainly room for BSD code in Debian.  The
same is true of GPL works with contributor agreements.  Yes, some folks will
choose not to contribute to it on upstream's terms, but there are still
plenty of others who will.

-- 
Steve Langasek   Give me a lever long enough and a Free OS
Debian Developer   to set it on, and I can move the world.
Ubuntu Developerhttp://www.debian.org/
slanga...@ubuntu.com vor...@debian.org


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Re: Contributor agreements and copyright assignment (was Re: Really, about udev, not init sytsems)

2012-12-04 Thread Bjørn Mork
Ian Jackson  writes:

> Barry Warsaw writes ("Re: Contributor agreements and copyright assignment 
> (was Re: Really, about udev, not init sytsems)"):
>> FTR: http://www.canonical.com/contributors
>
> That allows Canonical to make proprietary forks of the code (eg, to
> engage in the dual licensing business model).  This is very
> troublesome for me; it's too asymmetric a relationship.
>
> This is a right that the FSF assignment doesn't give the FSF 

IANAL, but I believe you are wrong there.  You give them much wider
rights than this by assigning the copyright to the FSF.  The copyright
owner is free to relicense the work in any way they want.

The rights transferred in the Canonical agreement are very limited
compared to this.

> and which the FSF wouldn't exercise even if they had it.

No, the current FSF wouldn't do that.  But how about the company taking
over assets after the FSF lose a major lawsuit?  That company will then
own the copyright on your work, including the rights to relicense it.

I still don't think issues like this should prevent anyone from
contributing to any currently open source project.  Yes, it will be
frustrating if your work ends up being part of some proprietary
software, but it's even worse if you cannot contribute to these projects
out of fear of that happening.

BTW, never take any legal advice from me.


Bjørn


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Re: Contributor agreements and copyright assignment (was Re: Really, about udev, not init sytsems)

2012-12-04 Thread Barry Warsaw
On Dec 04, 2012, at 06:42 PM, Ian Jackson wrote:

>That allows Canonical to make proprietary forks of the code (eg, to
>engage in the dual licensing business model).  This is very
>troublesome for me; it's too asymmetric a relationship.

Not to diminish your own concerns, but it doesn't bother me.

To take a hypothetical case, let's say Skype were free software, and available
on Debian.  I write some clever hack to allow me to make phone calls in Emacs.
I would have no qualms about signing a similar contributor agreement with
Microsoft because I know a free version of my code will always be available,
no matter what they do with it.  I'd even hope they accept my contribution
because while my patch has value, so does the larger body of code that it
applies to, and for me, there is even more value in having that combination
available upstream so more people can benefit from it.  My patch has less
value as a patch that someone has to apply independently and rebuild.

-Barry


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Re: Contributor agreements and copyright assignment (was Re: Really, about udev, not init sytsems)

2012-12-04 Thread Ian Jackson
Barry Warsaw writes ("Re: Contributor agreements and copyright assignment (was 
Re: Really, about udev, not init sytsems)"):
> FTR: http://www.canonical.com/contributors

That allows Canonical to make proprietary forks of the code (eg, to
engage in the dual licensing business model).  This is very
troublesome for me; it's too asymmetric a relationship.

This is a right that the FSF assignment doesn't give the FSF and which
the FSF wouldn't exercise even if they had it.

Ian.


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Re: Contributor agreements and copyright assignment (was Re: Really, about udev, not init sytsems)

2012-12-03 Thread Barry Warsaw
On Dec 01, 2012, at 07:21 AM, Clint Byrum wrote:

>Just any FYI, Canonical no longer requires copyright assignment in their
>CLA. You are still giving Canonical an unlimited perpetual license on the
>code, but you retain your own copyrights.

FTR: http://www.canonical.com/contributors

with embedded links to the actual CLA for individuals and entities (in PDF
form), as well as a FAQ.

This one seems particularly relevant to the current discussion:

7. What’s different between the new contributor agreement and the old one?

One difference between the two is that the old agreement was a copyright
assignment agreement (where the contributor granted ownership of the
contribution to Canonical), while the new one is a copyright license
agreement (where the contributor grants permission for Canonical to
distribute the contribution). One new element is a promise back to the
contributor to release their contribution under the license in place when
they made the contribution. The new agreement also features some
refinements in the language around software patents and in how the
contributor disclaims warranties.

What I like about this CLA is that you retain your copyrights to the
contribution, so you can do whatever you want with your contribution,
including dual-license it, sell it yourself under a proprietary license, etc.
This deeply appeals to the artist in me.

The CLA also guarantees that your contribution will continue to be available
with the license it was originally granted under.  Meaning, even if Canonical
takes your contribution proprietary and closed, your original contribution
will continue to be available under the original (presumably) FLOSS license.

By comparison, the PSF contributor agreements policy is available here:

http://www.python.org/psf/contrib/

with embedded links to the actual form.

Again, there is no copyright assignment.  The choice of initial licenses on
the contribution is more limited, meaning if you have a GPL'd contribution,
you will have to dual license it under the Academic Free License v2.1 or
Apache License v2.0 in order to contribute it to the PSF.  The PSF contributor
agreement says nothing about patents or moral rights, but it does guarantee
that the contribution will be available under a FLOSS license.

None of the terms of either contributor agreements seem particularly onerous
to me, nor should they (IMHO) be an impediment to participating in such
projects.

-Barry


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Re: Contributor agreements and copyright assignment (was Re: Really, about udev, not init sytsems)

2012-12-01 Thread Clint Byrum
On Dec 1, 2012, at 0:45, Wouter Verhelst  wrote:

> On Fri, Nov 30, 2012 at 09:14:20AM +0100, Tollef Fog Heen wrote:
>> Are you equating the FSF and the PSF with a private, for-profit company
>> here?  That seems to be stretching it a bit.
> 
> Not really, IMO.
> 
> Personally, I'm not comfortable signing off my copyright to the FSF, for
> the very same reason I'm not comfortable signing off copyright to
> Canonical: while both are led by a person whom so far hasn't show much
> reason for me to distrust them, it is also true that both leaders have
> an agenda that I don't completely trust or agree with.
> 

Just any FYI, Canonical no longer requires copyright assignment in their CLA. 
You are still giving Canonical an unlimited perpetual license on the code, but 
you retain your own copyrights.

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Re: Contributor agreements and copyright assignment (was Re: Really, about udev, not init sytsems)

2012-12-01 Thread Wouter Verhelst
On Fri, Nov 30, 2012 at 09:14:20AM +0100, Tollef Fog Heen wrote:
> Are you equating the FSF and the PSF with a private, for-profit company
> here?  That seems to be stretching it a bit.

Not really, IMO.

Personally, I'm not comfortable signing off my copyright to the FSF, for
the very same reason I'm not comfortable signing off copyright to
Canonical: while both are led by a person whom so far hasn't show much
reason for me to distrust them, it is also true that both leaders have
an agenda that I don't completely trust or agree with.

Yes, one of the groups makes a profit, and the other doesn't. I don't
think money is dirty, however, so that doesn't even remotely factor into
my decision.

-- 
Copyshops should do vouchers. So that next time some bureaucracy requires you
to mail a form in triplicate, you can mail it just once, add a voucher, and
save on postage.


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Re: Contributor agreements and copyright assignment (was Re: Really, about udev, not init sytsems)

2012-11-30 Thread Barry Warsaw
On Nov 30, 2012, at 09:14 AM, Tollef Fog Heen wrote:

>There's a significant difference whether your contractual counterpart is
>somebody who has the public good or profits in the pockets of its owners
>in mind.

In the abstract, the non-profit or for-profit status of an organization is
little indication of whether they Do Good or Do Evil (or both).

All I'm saying is that contributor agreements are a fact of FLOSS life, and
that I've had people refuse to assign copyright to the FSF for contributions
to my GNU projects.  When they've stated their principles for this refusal, I
can respect that even while I might try to convince them their concerns are
misplaced.

-Barry


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Contributor agreements and copyright assignment (was Re: Really, about udev, not init sytsems)

2012-11-30 Thread Tollef Fog Heen
]] Barry Warsaw 

> On Nov 29, 2012, at 03:40 PM, John Paul Adrian Glaubitz wrote:
> 
> >Plus, you have to sign a contributor's agreement with Canonical which leaves
> >a bad taste in my mouth. That shouldn't be the case with true free software,
> >should it?
> 
> In an ideal world maybe it shouldn't, but in truth it is for both open source
> and free software.  As project leader of a GNU project, with copyrights owned
> by the FSF, I am required to obtain copyright assignments from contributors,
> which some folks feel are more onerous than contributor agreements.  Open
> source projects like Python require contributor agreements for core
> developers, and this is not an uncommon requirement.

Are you equating the FSF and the PSF with a private, for-profit company
here?  That seems to be stretching it a bit.

> We can argue about specific contribution legal documents and policies
> (although hopefully, not here ;) but not about whether they are a reality in
> today's FLOSS world.

There's a significant difference whether your contractual counterpart is
somebody who has the public good or profits in the pockets of its owners
in mind.

-- 
Tollef Fog Heen
UNIX is user friendly, it's just picky about who its friends are


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