Correct me if I am wrong, but what you are saying is that there should
be a record somewhere (such as a Click prior email archive?) where a
person states his intent to donate the code? What if this person was a
committer, and stated his intent by quietly committing the code?
In any case, "rewriting this code" does not have any impact on
copyright.
Nobody can change the copyright on a work by copying it, even when the
copy is from distant memory (think music for comparisons).
I guess there are different theories about that. I am not ready to
argue in depth about that. But when I wrote a few Cayenne DB adapters
that had been written by other people before, I am pretty sure I
didn't steal anyone's original work.
Andrus
On Jul 28, 2008, at 1:26 AM, Roy T. Fielding wrote:
On Jul 27, 2008, at 9:22 AM, Andrus Adamchik wrote:
Is there existing code in Click written by Ahmed? As getting an
ICLA or rewriting this code will be required as a part of the IP
clearance process.
That isn't quite true. The ASF requires documentation that the
original
author has licensed the code to the ASF or to someone who can license
it to the ASF. If, for example, the code was published by that author
under the Apache License, BSD license, or any similar non-copyleft
open source license, then the ASF can redistribute that code. We may
need to retain some original license headers, but we do not need
everyone
who isn't going to participate to sign an ICLA. Likewise, an email
message sent from the author saying that we can redistribute their
code
under the Apache License is a legitimate form of license -- just save
the message in its original (raw) form.
In any case, "rewriting this code" does not have any impact on
copyright.
Nobody can change the copyright on a work by copying it, even when the
copy is from distant memory (think music for comparisons).
The ideal outcome would be for Ahmed to send an ICLA, regardless of
his future participation plans, but that's of course up to him to
decide.
Yes, that is the most sensible thing. He can send it via email if
that helps. Because the iCLA is not a copyright assignment (just
a non-exclusive license), we can rely on any written communication
that can be reasonably determined to be from the author.
....Roy
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