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Posted to legal-discuss@apache.org by Rob Vesse <rv...@dotnetrdf.org> on 2014/04/05 17:08:13 UTC
Is a Software Grant Agreement always needed for IP Clearance?
Hi All
I¹m 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
Re: Is a Software Grant Agreement always needed for IP Clearance?
Posted by Help Earth Foundation <he...@gmail.com>.
As pointed out it's about Cray, And it comes down to a specific document
that would state that works of employee x except projects a,b,c are
excluded. from their IP overlay
NRJ
On Sat, Apr 19, 2014 at 6:08 PM, Toki <to...@gmail.com> wrote:
> 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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>
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Re: Is a Software Grant Agreement always needed for IP Clearance?
Posted by Toki <to...@gmail.com>.
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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Re: Is a Software Grant Agreement always needed for IP Clearance?
Posted by Andy Seaborne <an...@apache.org>.
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.Russell@oracle.com
> P.S. A good JDO? O, Gasp!
>
>
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Re: Is a Software Grant Agreement always needed for IP Clearance?
Posted by Craig L Russell <cr...@oracle.com>.
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
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.Russell@oracle.com
P.S. A good JDO? O, Gasp!
Re: Is a Software Grant Agreement always needed for IP Clearance?
Posted by Craig L Russell <cr...@oracle.com>.
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
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.Russell@oracle.com
P.S. A good JDO? O, Gasp!
Re: Fwd: Is a Software Grant Agreement always needed for IP Clearance?
Posted by Andy Seaborne <an...@apache.org>.
On 06/04/14 10:26, Andy Seaborne wrote:
>
> Reply on incubator-gneral
> (the incubator is responsible for the IP clearance process in general,
> not just podlings)
>
>
> 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
Rob,
OK - so more paperwork isn't needed.
But I'm unclear as whether the IP Clearance process is needed all.
I've just asked on general@incubator as to what best practice is.
What are your expectations/assumptions here?
Andy
>
> Rob,
>
> If this remains the consensus view, do we need to go through the IP
> clearance process at all? Step 3 in [1] is
>
> """
> A software grant must be provided to the ASF. This grant can either be
> done by the ASF Corporate CLA (via Schedule B) or the traditional
> License Agreement.
> """
>
> So we could
>
> 1/ Do the normal project-only process, if this remains the consensus view
>
> 2/ Do the formal IP-clearance process
>
> (2) can be useful for substantial contributions even if the strict terms
> mean (1) is possible, just for clarity. If (1), we could still do it a
> bit more formally - e.g. an email to dev@ with all the details, link to
> JIRA so it is archived as happening with a passive consensus vote.
>
> I don't mind which.
>
> Andy
>
>
> [1] http://incubator.apache.org/ip-clearance/ip-clearance-template.html
>
> On 05/04/14 16:28, Andy Seaborne wrote:
>> For information:
>>
>> About:
>>
>> https://issues.apache.org/jira/browse/JENA-666
>>
>> Andy
>>
>> -------- Original Message --------
>> Subject: Is a Software Grant Agreement always needed for IP Clearance?
>> Date: Sat, 05 Apr 2014 16:08:13 +0100
>> From: Rob Vesse <rv...@dotnetrdf.org>
>> Reply-To: general@incubator.apache.org
>> To: general@incubator.apache.org <ge...@incubator.apache.org>
>> CC: legal-discuss@apache.org <le...@apache.org>
>>
>> Hi All
>>
>> I¹m 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
>>
>>
>>
>>
>>
>
Re: Fwd: Is a Software Grant Agreement always needed for IP Clearance?
Posted by Andy Seaborne <an...@apache.org>.
Reply on incubator-gneral
(the incubator is responsible for the IP clearance process in general,
not just podlings)
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
Rob,
If this remains the consensus view, do we need to go through the IP
clearance process at all? Step 3 in [1] is
"""
A software grant must be provided to the ASF. This grant can either be
done by the ASF Corporate CLA (via Schedule B) or the traditional
License Agreement.
"""
So we could
1/ Do the normal project-only process, if this remains the consensus view
2/ Do the formal IP-clearance process
(2) can be useful for substantial contributions even if the strict terms
mean (1) is possible, just for clarity. If (1), we could still do it a
bit more formally - e.g. an email to dev@ with all the details, link to
JIRA so it is archived as happening with a passive consensus vote.
I don't mind which.
Andy
[1] http://incubator.apache.org/ip-clearance/ip-clearance-template.html
On 05/04/14 16:28, Andy Seaborne wrote:
> For information:
>
> About:
>
> https://issues.apache.org/jira/browse/JENA-666
>
> Andy
>
> -------- Original Message --------
> Subject: Is a Software Grant Agreement always needed for IP Clearance?
> Date: Sat, 05 Apr 2014 16:08:13 +0100
> From: Rob Vesse <rv...@dotnetrdf.org>
> Reply-To: general@incubator.apache.org
> To: general@incubator.apache.org <ge...@incubator.apache.org>
> CC: legal-discuss@apache.org <le...@apache.org>
>
> Hi All
>
> I¹m 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
>
>
>
>
>
Fwd: Is a Software Grant Agreement always needed for IP Clearance?
Posted by Andy Seaborne <an...@apache.org>.
For information:
About:
https://issues.apache.org/jira/browse/JENA-666
Andy
-------- Original Message --------
Subject: Is a Software Grant Agreement always needed for IP Clearance?
Date: Sat, 05 Apr 2014 16:08:13 +0100
From: Rob Vesse <rv...@dotnetrdf.org>
Reply-To: general@incubator.apache.org
To: general@incubator.apache.org <ge...@incubator.apache.org>
CC: legal-discuss@apache.org <le...@apache.org>
Hi All
I¹m 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