Hello Stefan,

Thank you for your feedback.

> thank you for your passionate reaction. I believe that you share the same 
> passion for Open Source software and the OpenERP products in particular as we 
> do.

Yes, and I take this opportunity to also thank you for the great contrib you 
did too.


> It is vital for us to contribute to the OpenERP framework and the core 
> modules, so we would always prefer the option of copyright assignment in a 
> contributor agreement. You raise a number of valid issues with regards to 
> protecting the OpenERP products against copyright violations and other 
> problems which argue in favour of such copyright assignment. I do not think 
> that anyone can argue against them, and it is for such reasons that projects 
> like Plone and KDE may ask for copyright assignment in a contributor 
> agreement.

Actually, my preferred solution is the public domain for small contributions to 
the framework or the official modules.

I think it's very boring to ask people to sign a document and send us by 
fax/mail just because they contributed a few lines of code -> doing contracts 
with community members is not the way I see a good collaboration (this was the 
reason why we did not made it before: we supposed that if a contributor did not 
put a copyright in his code, merge proposal or patch, it is considered public 
domain)

But I understand some may prefer a contributor agreement. If some wants a 
contributor agreement, I propose to use the one of the FSFE. Does anybody have 
any bad feedback about this contributor agreement ?

So, my question is: is it ok for you to put contributions to the framework or 
official addons in the public domain or you prefer a contributor agreement ? 
(of course, your own modules should be under your own copyright)

> However, the problem is that assigning copyrights to a commercial entity does 
> not always help when the issues that you mention occur. We know you 
> personally to be a great proponent of Open Source but your successor or your 
> creditors may not. OpenERP SA may be sold to a different party, or take up a 
> very different attitude for some other reason. When that happens, and OpenERP 
> SA has all the copyrights, we will never be able to update the license to 
> protect the OpenERP products or enforce the licenses in court.

OpenERP SA will not be sold to third parties, I own a significant part of the 
shares to ensure that. The biggest risk for OpenERP SA is not to be sold but to 
fail building a profitable business model allowing to sustain the fast 
evolution of the OpenERP product. In that case OpenERP may finish like GNUe, 
adempiere, ... in a few years. That would be the worst scenario in my opinion.

But even if it is (suppose I die in an accident), it does not change the fact 
that OpenERP is currently under AGPLv3. Nobody can change this.


> If we follow best practices in open source, then we set up a non-profit 
> membership organisation as in the case of Plone and KDE, for contributors to 
> assign their copyrights to. The FSFE/KDE agreement [1] would be perfect for 
> that.

By doing that, you may have the invert effect than what you expect:

* the more people are involved in a decision, the less chances you have to make 
the evolution ->  if 50% of the contributors have to agree to change from 
AGPLv3 to a potential AGPLv4, you have a risk that you can never upgrade. I 
would never take this risks for OpenERP
* I don't imaging starting a discussion to define the status of such an 
organisation. It would be a long debate and we all have more important things 
to do than legal researches, discussion on status, official meetings and votes, 
...
* just imagine the questions you have to cover in the status:
       - who can join  ? --> those that commit more than 1% of the lines of 
code (then there would be only OpenERP) ? what do you do if a lot of devs from 
microsoft that contribute and join the association ?
       - how do you take take desisions ? 80% of votes according to the 
importance of the contributor based on the lines of code --> then only OpenERP 
sa can take the decisions.
       - who will pay the costs of the organization ? what will be the budget 
and forecasted costs ? how can the association enforce the protection of the 
license in a court ? --> this can quickly costs more than 100k$
       - what's the responsibilities of the organization ? it is logic that the 
one who get the copyright ensure the evolution of his code.
       - if the association decide to remove the "private use" clause of 
OpenERP Enterprise, who will pay my developers that are partly financed by this 
? If nobody, who will ensure OpenERP will grow quickly in the future.

As a summary, we clearly all have more important things to do than this. I 
don't want OpenERP community to enter in such debates, it's a waste of time.




What do you think about putting all small contributions to official modules and 
framework in the public domain ? this is the best solution as it does not 
require a copyright assignment (to OpenERP SA or to an association).

This solution is also very fair as a contributor can apply a special licence 
for his own code (that he may use in others softwares) and we can put his code 
in the core without having to ask a contributor agreement signature. We protect 
both the unity of OpenERP and the personnal contrib of each one.


-- 
Fabien
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