5 ms·
I could have been a bit clearer with what I wrote. I can imagine why someone would ask those questions... > The CLAs I've signed never transferred rights to so
by ufo 9y ago
I could have been a bit clearer with what I wrote. I can imagine why someone would ask those questions...
> The CLAs I've signed never transferred rights to someone else
This is in part because copyright assignment/transfer is tricky and in some jurisdictions it isn't even possible. Instead, CLAs will often grant the company a perpetual license to reproduce, redistribute and sublicense the copyrighted work. Technically, the original contributor still owns the copyright to the work but the company is still able to use the contribution as part of non free software because the CLA gave them more powers than the original free software license did.
For example, Canonical's CLA[1] contains the following language:
> (b) To the maximum extent permitted by the relevant law,
You grant to Us a perpetual, worldwide, non-exclusive,
transferable, royalty-free, irrevocable license under the
Copyright covering the Contribution, with the right to
sublicense such rights through multiple tiers of
sublicensees, to reproduce, modify, display, perform and
distribute the Contribution as part of the Material; provided
that this license is conditioned upon compliance with
Section 2.3.
> Based on the grant of rights in Sections 2.1 and 2.2, if We
include Your Contribution in a Material, We may license the
Contribution under any license, including copyleft,
permissive, commercial, or proprietary licenses. As a
condition on the exercise of this right, We agree to also
license the Contribution under the terms of the license or
licenses which We are using for the Material on the
Submission Date.
Notice how it explicitly mentions that Canonical is allowed to use the contribution as part of non-free proprietary software. I can't find a copy of Gitlab's old CLA now but I guess it had a similar clause somewhere.
> (since the point of a CLA is to protect a project from "oops I wasn't supposed to contribute that" or "oops, new boss here decided to revoke all our contributions")
If the goal is to provide a paper trail ensuring that the contributor had the copyrights to their contribution, you can do that with a simpler certificate of origin document (like Gitlab is doing now) instead of the stronger terms usually found in CLAs.
> since FSF actually does require you to sign over copyright to them in order to contribute
The FSF's copyright assignment is a bit of a special case. It doesn't exist to protect the FSF's interests and is instead focused on making it easier for the FSF to litigate against GPL violators[2]. In particular, the FSF's copyright assignment contract[3] has a clause explicitly binding them to keep the software free and forbidding them from re-licensing it as proprietary software. The worst they could do is re-license it under a more permissive non-copyleft license, like MIT or BSD.
[1] https://www.ubuntu.com/legal/contributors/submit https://www.ubuntu.com/legal/contributors/submit
[2] https://www.fsf.org/bulletin/2014/spring/copyright-assignment-at-the-fsf https://www.fsf.org/bulletin/2014/spring/copyright-assignmen...
[3] http://www.dreamsongs.com/IHE/IHE-110.html http://www.dreamsongs.com/IHE/IHE-110.html (I could only find older versions, you apparently need to email the FSF to get the latest version of the contract)
- ubernostrum 9y agoIf FSF can re-license under a more permissive license, then FSF's assignment agreement implicitly allows the contribution to someday be used in proprietary software (since FSF could relicense to BSD or MIT, then someone else could take that code and incorporate it into a proprietary project). So why doesn't anyone have a problem with the FSF's assignment?
- ufo 9y agoThe fsf's copyright assignment is also controversial (at the very least there is the issue that it adds an extra layer of bureaucracy for contributors). Honestly, I think it only gets a pass because it is the FSF, a nonprofit entity that is probably the most vocal proponent of copyleft licensing out there.