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Posted to legal-discuss@apache.org by "Benson Margulies (Issue Comment Edited) (JIRA)" <ji...@apache.org> on 2011/09/29 22:22:45 UTC

[jira] [Issue Comment Edited] (LEGAL-100) Modifications to CCLA for the National Security Agency

    [ https://issues.apache.org/jira/browse/LEGAL-100?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13117587#comment-13117587 ] 

Benson Margulies edited comment on LEGAL-100 at 9/29/11 8:21 PM:
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Larry,

I think that, after a fashion, you started this, and now indeed they can sign the regular agreement and be done.

The inception of this was the thread on legal-discuss where you, if I remember correctly, were somewhat emphatic on the desire to have a CRADA or *something* to indicate a cooperative intention with respect to the un-copyrighted material. A CRADA is a giant PITA, so the gang came up with the CCLA mods in an effort to meet you half-way. If you (and Sam?) are content to take the usual CCLA for the stuff with copyright and accept good-faith commits from the committers with respect to the other stuff, then my belief is that we'll be good to go with the ordinary CCLA.
                
      was (Author: bmargulies):
    Larry,

I think that, after a fashion, you started this, and now indeed they can sign the regular agreement and be done.

The inception of this was the thread on legal-discuss where you, if I remember aright, were some emphatic on the desire to have a CRADA or *something* to indicate a cooperative intention with respect to the un-copyrighted material. A CRADA is a giant PITA, so the gang came up with the CCLA mods in an effort to meet you half-way. If you (and Sam?) are content to take the usual CCLA for the stuff with copyright and accept good-faith commits from the committers with respect to the other stuff, then my belief is that we'll be good to go.
                  
> Modifications to CCLA for the National Security Agency
> ------------------------------------------------------
>
>                 Key: LEGAL-100
>                 URL: https://issues.apache.org/jira/browse/LEGAL-100
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Adam Fuchs
>
> In preparation for contributing Accumulo to the incubator, the National Security Agency has submitted a modified version of the CCLA. The modifications include a broadening of the definition of "You" and "Your" to include owners of contributions not subject to copyright, and a limit on the copyright license to the material for which copyright exists. We would like to know if this modified CCLA is acceptable to cover our participation as Apache committers. The modified paragraphs follow:
> ...
>     "You" (or "Your") shall mean the copyright owner, the owner of a
>     contribution not subject to copyright, or legal entity authorized by
>     the copyright owner that is making this Agreement with the Foundation.
>     For legal entities, the entity making a Contribution and all other
>     entities that control, are controlled by, or are under common control
>     with that entity are considered to be a single Contributor. For the
>     purposes of this definition, "control" means (i) the power, direct or 
>     indirect, to cause the direction or management of such entity, whether
>     by contract or otherwise, or (ii) ownership of fifty percent (50%) or
>     more of the outstanding shares, or (iii) beneficial ownership of such
>     entity.
> ...
>  2. Grant of Copyright License. Subject to the terms and conditions
>     of this Agreement, You hereby grant to the Foundation and to
>     recipients of software distributed by the Foundation a perpetual,
>     worldwide, non-exclusive, no-charge, royalty-free, irrevocable
>     copyright license to reproduce, prepare derivative works of,
>     publicly display, publicly perform, sublicense, and distribute
>     Your Contributions and such derivative works, to the extent that
>     copyright exists in the Contribution(s).
> ...

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