It's also interesting to note that the current ASF license, "Apache License 2.0" (http://apache.org/licenses/LICENSE-2.0), includes text (see paragraph 5) that basically says that any time someone makes a contribution to Apache, they are implicitly agreeing to license their contribution under the Apache License. It's not completely clear to me how enforceable this is, especially relative to a CLA or Software Grant, but it's in there.
It isn't "enforceable" at all (nothing less than a signed contract is ever truly enforceable, and even then only if there is a clear agreement that benefits both parties). It is, however, defensible: a bad person cannot legitimately claim that they read and understood the license (a condition necessary for legal redistribution), submitted contributions, and then expected Apache or its customers to pay for a copyright or patent license for those contributions. It sets an expectation on contributions for the community as a whole, rather than relying only on CLAs from the relatively small subset of the community that are committers. In other words, it reduces our liability, or at least that is the hope.
....Roy
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