I think it would be worth creating a space where people can contribute their own additions to WiX that are of signification value but did not make it through the legal process. A WiX-contrib project, or something like that.
I still think the "single copyright owner" argument is void; anyone is free to extend WiX without signing the agreement and then you have a mix of Microsoft-copyrighted code and 3th-party copyrighted code. That said, I do understand the need for such an assignment for a project that is managed by Microsoft-personnel. Frederik. > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:wix-devs- > [EMAIL PROTECTED] On Behalf Of Rob Mensching > Sent: maandag 10 juli 2006 18:35 > To: 'Albert van Peppen'; Wix-Devs; wix-users@lists.sourceforge.net > Subject: Re: [WiX-devs] [WiX-users] Assignment agreement and updatesand/or > enhancements > > First, if you have a patch to the code, please start the discussion on the > wix-devs mailing list about that patch. There should be no confusion > about > that. We talk about the code on wix-devs. > > Now, Pedrum is still waiting for an answer for his last patch... but I'll > get to that (hopefully, this Tuesday). <smile/> > > > The rest of this discussion is pretty much all about legal issues. So, > just > so everyone is clear, I'm not a lawyer and I can't provide legal advice. > If > you want these questions answered legally, you'd want to talk with a > lawyer. > > With the required (yes, it is required) disclaimer out of the way, here's > how I understand what the lawyers have told me. > > 1. The Windows Installer XML toolset was originally written by me while I > worked at Microsoft. It was then contributed to by several other > Microsoft > employees. Like most software developers (at least ones I've met employed > in the US), we have an employment agreement that says all our work is > property of the company we work for and specific exceptions have to be > made > for anything else. Thus, Microsoft owns the WiX toolset. Full stop. > > 2. The lawyers that have been in IP disputes tell me it is far easier to > legally protect code that has a single copyright owner. Why? Well, > should > the project enter into any legal proceedings all copyright owners have to > attend and agree to all decisions that come out of the legal proceedings. > I've been told it is extremely difficult to go into legal proceedings > where > multiple parties (who often have different expectations for the end > result) > have to act as a single entity. > > 3. As I understand it, to avoid the problems in 2 many Open Source > software > projects require an assignment agreement. The Free Software Foundation > requires it for any contributions to GNU. The Apache Foundation requires > it > for any contributions to Apache. SugarCRM requires it for any > contributions > to SugarCRM. Looking at the license for NUnit, it appears they have not > chosen to go this route. > > 4. For argument's sake, let's say there was a non-profit organization > that > held the copyright for the WiX toolset. I believe the assignment > agreement > would still be necessary. As I understand it, there are too many legal > risks maintaining a project with multiple copyright owners. As it is, I > feel more comfortable knowing that the WiX toolset is looked after by > Microsoft instead of a group that doesn't have the legal resources to > defend > the project. > > So, if you have contributions, please let's have the discussions about the > code on the wix-devs mailing list. If the developer that provides the > submissions, sends in an assignment agreement, those changes will be able > to > be integrated and made available in future releases. Otherwise, the > changes > will just have to hang out there. > > > > > > > ------------------------------------------------------------------------ - > Using Tomcat but need to do more? Need to support web services, security? > Get stuff done quickly with pre-integrated technology to make your job > easier > Download IBM WebSphere Application Server v.1.0.1 based on Apache Geronimo > http://sel.as-us.falkag.net/sel?cmd=lnk&kid=120709&bid=263057&dat=121642 > _______________________________________________ > WiX-devs mailing list > WiX-devs@lists.sourceforge.net > https://lists.sourceforge.net/lists/listinfo/wix-devs ------------------------------------------------------------------------- Using Tomcat but need to do more? Need to support web services, security? Get stuff done quickly with pre-integrated technology to make your job easier Download IBM WebSphere Application Server v.1.0.1 based on Apache Geronimo http://sel.as-us.falkag.net/sel?cmd=lnk&kid=120709&bid=263057&dat=121642 _______________________________________________ WiX-users mailing list WiX-users@lists.sourceforge.net https://lists.sourceforge.net/lists/listinfo/wix-users
