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GSIP 116

jratike80 edited this page Aug 12, 2014 · 9 revisions

GSIP 116 - Use Apache Style Contributor Agreement

Overview

Proposed By

Jody Garnett

Assigned to Release

This proposal is for GeoServer 2.6.

State

  • Under Discussion
  • In Progress
  • Completed
  • Rejected
  • Deferred - see GSIP-118

Motivation

The developers guide provides a assignment_agreement.pdf which we ask new contributors to sign.

By following the text of the Apache Foundation Individual Contributor License Agreement and Corporate CLA it is much easier for organisations to review the terms and conditions, often alleviating the need for independent legal council.

Anything that makes it easier to contribute to GeoServer is a good idea.

Proposal

  1. Using the Apache Foundation documents as an example:
    • Create an Individual Contributor License Agreement for OpenPlans
    • Create an Corporate CLA for OpenPlans
  2. Add the above documents to the developers guide
  3. Contact existing committers with github access

References:

Feedback

OpenPlans staff have been contacted in this respect and are supportive of the change. The resulting electronic documents can be shared with PSC members for reference during the review of pull requests.

The timing is good with our recent print, sign, scan, email workflow.

This is also an opportunity to update documentation for existing contributors.

Backwards Compatibility

This change is not backwards compatible, earlier documentation may be missing, or refer to the "The Open Planning Project" rather than "OpenPlans".

Voting

Project Steering Committee:

  • Alessio Fabiani:
  • Andrea Aime: +1
  • Ben Caradoc-Davies: +1
  • Christian Mueller +1
  • Gabriel Roldán: +1
  • Jody Garnett: +1
  • Jukka Rahkonen: +1
  • Justin Deoliveira: +1
  • Phil Scadden:
  • Simone Giannecchini: +1

Committers:

Reference

individual_contirbutor.txt

                              OpenPlans, Inc.
     Individual Contributor License Agreement ("Agreement") V1.0
                        http://www.openplans.org

Thank you for your interest in OpenPlans, Inc. (henceforth “OpenPlans").
In order to clarify the intellectual property license granted with
Contributions from any person or entity, OpenPlans must have a
Contributor License Agreement ("CLA") on file that has been signed by
each Contributor, indicating agreement to the license terms below. This
license is for your protection as a Contributor as well as the
protection of OpenPlans and its users; it does not change your rights
to use your own Contributions for any other purpose.

If you have not already done so, please complete and sign, then scan and
email a pdf file of this Agreement to assignment@openplans.org. Alternatively,
you may send an original signed Agreement to:
   
       OpenPlans, Inc.
       Attn: Contributor Agreements
       148 Lafayette Street, Floor 12
       New York, NY 10013
       
Please read this document carefully before signing and keep a copy for
your records.

  Full name: ______________________________________________________

  (optional) Public name: _________________________________________

  Mailing Address: ________________________________________________

                   ________________________________________________

  Country:   ______________________________________________________

  Telephone: ______________________________________________________

  E-Mail:    ______________________________________________________

  (optional) git id(s): _-------------_____________________________

  (optional) notify project: ______________________________________

You accept and agree to the following terms and conditions for Your
present and future Contributions submitted to OpenPlans. In return,
OpenPlans shall not use Your Contributions in a way that is contrary
to the public benefit or inconsistent with its nonprofit status.
Except for the license granted herein to OpenPlans and recipients of
software distributed by OpenPlans, You reserve all right, title, and
interest in and to Your Contributions.

1. Definitions.

   "You" (or "Your") shall mean the copyright owner or legal entity
   authorized by the copyright owner that is making this Agreement
   with OpenPlans. 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.

   "Contribution" shall mean any original work of authorship,
   including any modifications or additions to an existing work, that
   is intentionally submitted by You to OpenPlans for inclusion
   in, or documentation of, any of the products owned or managed by
   OpenPlans (the "Work"). For the purposes of this definition,
   "submitted" means any form of electronic, verbal, or written
   communication sent to OpenPlans or its representatives,
   including but not limited to communication on electronic mailing
   lists, source code control systems, and issue tracking systems that
   are managed by, or on behalf of, OpenPlans for the purpose of
   discussing and improving the Work, but excluding communication that
   is conspicuously marked or otherwise designated in writing by You
   as "Not a Contribution."

2. Grant of Copyright License. Subject to the terms and conditions of
   this Agreement, You hereby grant to OpenPlans and to
   recipients of software distributed by OpenPlans 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.

3. Grant of Patent License. Subject to the terms and conditions of
   this Agreement, You hereby grant to OpenPlans and to
   recipients of software distributed by OpenPlans a perpetual,
   worldwide, non-exclusive, no-charge, royalty-free, irrevocable
   (except as stated in this section) patent license to make, have
   made, use, offer to sell, sell, import, and otherwise transfer the
   Work, where such license applies only to those patent claims
   licensable by You that are necessarily infringed by Your
   Contribution(s) alone or by combination of Your Contribution(s)
   with the Work to which such Contribution(s) was submitted. If any
   entity institutes patent litigation against You or any other entity
   (including a cross-claim or counterclaim in a lawsuit) alleging
   that your Contribution, or the Work to which you have contributed,
   constitutes direct or contributory patent infringement, then any
   patent licenses granted to that entity under this Agreement for
   that Contribution or Work shall terminate as of the date such
   litigation is filed.

4. You represent that you are legally entitled to grant the above
   license. If your employer(s) has rights to intellectual property
   that you create that includes your Contributions, you represent
   that you have received permission to make Contributions on behalf
   of that employer, that your employer has waived such rights for
   your Contributions to OpenPlans, or that your employer has
   executed a separate Corporate CLA with OpenPlans.

5. You represent that each of Your Contributions is Your original
   creation (see section 7 for submissions on behalf of others).  You
   represent that Your Contribution submissions include complete
   details of any third-party license or other restriction (including,
   but not limited to, related patents and trademarks) of which you
   are personally aware and which are associated with any part of Your
   Contributions.

6. You are not expected to provide support for Your Contributions,
   except to the extent You desire to provide support. You may provide
   support for free, for a fee, or not at all. Unless required by
   applicable law or agreed to in writing, You provide Your
   Contributions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
   OF ANY KIND, either express or implied, including, without
   limitation, any warranties or conditions of TITLE, NON-
   INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.

7. Should You wish to submit work that is not Your original creation,
   You may submit it to OpenPlans separately from any
   Contribution, identifying the complete details of its source and of
   any license or other restriction (including, but not limited to,
   related patents, trademarks, and license agreements) of which you
   are personally aware, and conspicuously marking the work as
   "Submitted on behalf of a third-party: [named here]".

8. You agree to notify OpenPlans of any facts or circumstances of
   which you become aware that would make these representations
   inaccurate in any respect.


Please sign: __________________________________ Date: ________________

coporate_contributor.txt

                              OpenPlans, Inc.
  Software Grant and Corporate Contributor License Agreement ("Agreement") V1.0
                        http://www.openplans.org

   Thank you for your interest in OpenPlans, Inc. (henceforth “OpenPlans").
   
   In order to clarify the intellectual property license granted with
   Contributions from any person or entity, OpenPlans must have a
   Contributor License Agreement (CLA) on file that has been signed by each
   Contributor, indicating agreement to the license terms below. This license
   is for your protection as a Contributor as well as the protection of
   OpenPlans and its users; it does not change your rights to use your own
   Contributions for any other purpose.

   This version of the Agreement allows an entity (the "Corporation") to
   submit Contributions to OpenPlans, to authorize Contributions 
   submitted by its designated employees to OpenPlans, and to grant 
   copyright and patent licenses thereto.

   If you have not already done so, please complete and sign, then scan and
   email a pdf file of this Agreement to assignment@openplans.org.
   Alternatively, you may send an original signed Agreement to:
   
       OpenPlans, Inc.
       Attn: Contributor Agreements
       148 Lafayette Street, Floor 12
       New York, NY 10013
   
   Please read this document carefully before signing and keep a copy for
   your records.
   Corporation name:    ________________________________________________

   Corporation address: ________________________________________________

                        ________________________________________________

                        ________________________________________________
                        
   Point of Contact:    ________________________________________________

          E-Mail:       ________________________________________________

          Telephone:    _____________________ Fax: _____________________

   You accept and agree to the following terms and conditions for Your
   present and future Contributions submitted to the OpenPlans. In
   return, OpenPlans shall not use Your Contributions in a way that
   is contrary to the public benefit or inconsistent with its nonprofit
   status. Except for the license granted herein to OpenPlans and
   recipients of software distributed by OpenPlans, You reserve all
   right, title, and interest in and to Your Contributions.

   1. Definitions.
      "You" (or "Your") shall mean the copyright owner or legal entity
      authorized by the copyright owner that is making this Agreement
      with OpenPlans. 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.

      "Contribution" shall mean the code, documentation or other original
      works of authorship expressly identified in Schedule B, as well as
      any original work of authorship, including
      any modifications or additions to an existing work, that is intentionally
      submitted by You to OpenPlans. for inclusion in, or
      documentation of, any of the products owned or managed by the
      OpenPlans (the "Work"). For the purposes of this definition,
      "submitted" means any form of electronic, verbal, or written
      communication sent to OpenPlans or its representatives,
      including but not limited to communication on electronic mailing
      lists, source code control systems, and issue tracking systems
      that are managed by, or on behalf of, OpenPlans for the
      purpose of discussing and improving the Work, but excluding
      communication that is conspicuously marked or otherwise designated
      in writing by You as "Not a Contribution."

   2. Grant of Copyright License. Subject to the terms and conditions
      of this Agreement, You hereby grant to OpenPlans and to
      recipients of software distributed by OpenPlans 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.

   3. Grant of Patent License. Subject to the terms and conditions of
      this Agreement, You hereby grant to OpenPlans and to recipients
      of software distributed by OpenPlans a perpetual, worldwide,
      non-exclusive, no-charge, royalty-free, irrevocable (except as
      stated in this section) patent license to make, have made, use,
      offer to sell, sell, import, and otherwise transfer the Work,
      where such license applies only to those patent claims licensable
      by You that are necessarily infringed by Your Contribution(s)
      alone or by combination of Your Contribution(s) with the Work to
      which such Contribution(s) were submitted. If any entity institutes
      patent litigation against You or any other entity (including a
      cross-claim or counterclaim in a lawsuit) alleging that your
      Contribution, or the Work to which you have contributed, constitutes
      direct or contributory patent infringement, then any patent licenses
      granted to that entity under this Agreement for that Contribution or
      Work shall terminate as of the date such litigation is filed.

   4. You represent that You are legally entitled to grant the above
      license. You represent further that each employee of the
      Corporation designated on Schedule A below (or in a subsequent
      written modification to that Schedule) is authorized to submit
      Contributions on behalf of the Corporation.

   5. You represent that each of Your Contributions is Your original
      creation (see section 7 for submissions on behalf of others).

   6. You are not expected to provide support for Your Contributions,
      except to the extent You desire to provide support. You may provide
      support for free, for a fee, or not at all. Unless required by
      applicable law or agreed to in writing, You provide Your
      Contributions on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS
      OF ANY KIND, either express or implied, including, without
      limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT,
      MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.

   7. Should You wish to submit work that is not Your original creation,
      You may submit it to OpenPlans separately from any
      Contribution, identifying the complete details of its source and
      of any license or other restriction (including, but not limited
      to, related patents, trademarks, and license agreements) of which
      you are personally aware, and conspicuously marking the work as
      "Submitted on behalf of a third-party: [named here]".

   8. It is your responsibility to notify OpenPlans when any change
      is required to the list of designated employees authorized to submit
      Contributions on behalf of the Corporation, or to the Corporation's
      Point of Contact with OpenPlans.

   Please sign: __________________________________ Date: _______________

   Title:       __________________________________

   Corporation: __________________________________

Schedule A

   [Initial list of designated employees.  NB: authorization is not
    tied to particular Contributions.]

Schedule B

   [Identification of optional concurrent software grant.  Would be
    left blank or omitted if there is no concurrent software grant.]
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