Re: Is a Software Grant Agreement always needed for IP Clearance?

2014-04-19 Thread Andy Seaborne

On 05/04/14 16:19, Craig L Russell wrote:

Hi Rob,

If you developed the code during the time the ICLA and CCLA were in effect 
(from February 2012) I don't see a need to file additional paperwork.

Craig


As a matter of good practice, when is it best to use the IP Clearance 
process?


In this case, we have a significant area of new functionality, written 
by Rob, who has appropriate xCLAs on file.  It is within the projects 
charter.


The code was written solely by Rob and developed outside the project's 
code repository.


The IP Clearance Template (point 3) says an SG and CCLA must be in place 
and it is sent to the secretary.  It does not seem necessary as the 
existing CCLA is on file.


As a significant new piece of code, it does seem worth recording the 
acceptance by the project.


What's the best practice?

Andy



On Apr 5, 2014, at 8:08 AM, Rob Vesse wrote:


Hi All

I’m in the process of carrying out IP Clearance for some code developed outside 
of the ASF that my employer (Cray) has now agreed to contribute to the Apache 
Jena project where I am a committer and PMC member.

In this case the software was developed entirely by myself though obviously 
Cray holds the copyright.  I have an ICLA on file for myself and Cray filed a 
CCLA for me when I originally joined the Apache Jena project as a committer and 
PMC member.  In this scenario is a SGA actually needed to carry out IP 
Clearance of the contributed code or are the existing ICLA and CCLA sufficient?

Thanks,

Rob Vesse


Craig L Russell
Architect, Oracle
http://db.apache.org/jdo
408 276-5638 mailto:craig.russ...@oracle.com
P.S. A good JDO? O, Gasp!





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Re: Is a Software Grant Agreement always needed for IP Clearance?

2014-04-19 Thread Toki

On 4/5/2014 8:08 AM, Rob Vesse wrote:


entirely by myself though obviously Cray holds the copyright.


That little datapoint is not obvious at all.

Whether or not that is the case depends upon the specific wording of 
your contract with Cray, your legal jurisdiction, Cray's legal 
jurisdiction,
which statutes reflecting copyright and employment issues take 
precedence, and how case law, if applicable, affects those statutes, 
contracts, etc.



In this scenario is a SGA actually needed to carry out IP Clearance of the 
contributed code or are the existing ICLA and CCLA sufficient?


I'd suggest what is arguably the most conservative position possible.

Show a clear chain of evidence showing who the legal copyright owner of 
the contributed code is.

File an SGA for the IP Clearance of the contributed code.
Treat both the ICLA and CCLA as after-the-fact supplemental permissions.

I am not a lawyer. This is not legal advice.

jonathon




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