On Tue, Oct 11, 2011 at 7:54 AM, Alex Gaynor <[email protected]> wrote:
>
>
> On Mon, Oct 10, 2011 at 7:51 PM, Russell Keith-Magee
> <[email protected]> wrote:
>>
>> On Tue, Oct 11, 2011 at 5:57 AM, Justin Holmes <[email protected]>
>> wrote:
>> > I am interested in getting the SlashRoot membership all filed with
>> > CLA's.
>> >
>> > However, people who work on django at SlashRoot aren't "employees" -
>> > they're members.  Can we simply change the language of the CLA or are
>> > the legal wranglings more complex than that?
>> >
>> > Might it be simpler for each of us to simply fill out the individual
>> > form?  Or does that not cover the proper basis of members be able to
>> > work on django on paid company time?
>>
>> I'm not sure that the employee/member distinction that you're making
>> here is significant from the point of view of the CLA. We need a
>> corporate CLA to cover those jurisdictions where companies implicitly
>> or contractually own the work of anyone working for them. Whether
>> those people are called "members" or "employees" doesn't really
>> matter; we need the corporate entity to release their copyright, and
>> enumerate the people covered by that release.
>>
>> However, it's certainly something worth clarifying. I'd also be wary
>> of just altering the language to say "member" -- certain words can be
>> loaded when it comes to legal documents, and I don't know the status
>> of "member" when it comes to US law. I'll add this to the list of
>> things we need to ask the lawyers. It looks like we need to do some
>> work here anyway, because in reviewing the corporate CLA to answer
>> your question, I noticed that it references a "Schedule B" that
>> doesn't exist...
>>
>> Yours,
>> Russ Magee %-)
>>
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>
> To be (layman's understanding) the purpose of the corporate CLA is that in
> many jurisdictions an employer owns the product of work done by it's
> employees, even if it's not done directly as a part of employment.  Unless
> this same relationship exists between you and your members, you cannot have
> such a CLA, because you don't legally own their work and thus can't license
> it.

And there's the rub. Is a "member" an "employee" for the purposes of
corporate copyright assignment? I can certainly see the argument that
you're making, but unfortunately IANAL doesn't get the job done here.
:-)

Yours,
Russ Magee %-)

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