BackupPC-users

Re: [BackupPC-users] Copyright protection

2016-05-19 12:29:31
Subject: Re: [BackupPC-users] Copyright protection
From: David Cramblett <david AT functionalchaos DOT net>
To: "General list for user discussion, questions and support" <backuppc-users AT lists.sourceforge DOT net>
Date: Thu, 19 May 2016 09:28:29 -0700
If you read this (from Linux kernel link provided):

 (d) I understand and agree that this project and the contribution
            are public and that a record of the contribution (including all
            personal information I submit with it, including my sign-off) is
            maintained indefinitely and may be redistributed consistent with
            this project or the open source license(s) involved.

It's kind of splitting hairs to say they don't require CLA, "it's a Certificate of Origin". It's essentially accomplishing the same goal. The developer is agreeing that the patch belongs to the project and may be redistributed indefinitely.

I'm not particularly concerned one way or the other. If any evil person or company tries to convert a useful OSS project into a pay-for software (or do other disruptive things), the community is going to fork the project and move on, e.g. LibreOffice, MariaDB, etc.

However, almost all major OSS projects have some type of language in an Agreement, no matter the name it's refereed to, that the submissions belong to the project with redistribution rights indefinitely. The linux kernel goes the furthest (which I would not recommend for this project) as to require an assertion with each patch submission. Any OSS license essentially provides similar requirements, yet these projects are still requiring this or a similar assertion.

Again, I'm not particularly concerned one way or the other.

David

On Wed, May 18, 2016 at 11:37 PM, Stefan Peter <s_peter AT swissonline DOT ch> wrote:
Dear David Cramblett,
Am 18.05.2016 um 18:45 schrieb David Cramblett:
> I think most GPL projects still use a CLA to help protect the project in
> the case of future litigation. The Linux Kernel for example is GPL v2,
> but still requires CLA language appended to each patch submission.

This is simply wrong: The Linux Kernel does _not_ require a CLA. But it
requires a Certificate of Origin, also known as Signed-off-by. See
http://git.kernel.org/cgit/linux/kernel/git/torvalds/linux.git/tree/Documentation/SubmittingPatches?id=HEAD
for details.

Additionally, there are countries where you can not legally transfer
your copyright to someone else unless you have been hired to do the work
in question. This would mean that Backuppc would either have to hire the
contributors or reject their contributions in order to make sure the CLA
is effective.

With kind regards

Stefan Peter

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--
David Cramblett
------------------------------------------------------------------------------
Mobile security can be enabling, not merely restricting. Employees who
bring their own devices (BYOD) to work are irked by the imposition of MDM
restrictions. Mobile Device Manager Plus allows you to control only the
apps on BYO-devices by containerizing them, leaving personal data untouched!
https://ad.doubleclick.net/ddm/clk/304595813;131938128;j
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