[Incubator] Transfering Code Copyright - restart

[Frank Warmerdam]

rich at richsteele.org wrote:
>> We also were not intending to require copyright assignment, but to
>> allow it where desired.  For projects like Geotools, GRASS and MapBuilder
>> (I think) the code has been setup with a copyright message attributing
>> the copyright to non-legal entities.  Ie. GeoTools Development team,
>> GRASS development team, etc.  In this case assignment was seen as a
>> way of cleaning up the situation and assigning the code to an actual
>> legal entity.
> 
> As Jennifer and I have stated, this type of attempted copyright 
> assignment doesn't work.  The copyright remains with the original 
> creator of the work.  To properly effect an assignment, you'll need the 
> copyright holder to sign a written assignment document.

Rich,

Note, I am not suggesting it is enough for some committee to make this
assignment.  I'm suggesting digging up all the original contributors
that can be practically reached.  I understand that the copyright remains
with the original contributors currently, and that they need to reassign
it for it to be valid.

>> Alternatively, in theory, we could try and track through fix the headers
>> to name the specific contributors as copyright holders on a module by
>> module basis.  But this seems contrary to the original intent of placing
>> the code into the hands of the "project", and also very difficult to do
>> accurately after the fact.
> 
> It may seem contrary to the intent of placing code into the hands of the 
> project, but this is precisely what would need to be done in order 
> achieve this intent.  Sometimes the law doesn't allow easy shortcuts 
> that would make sense to most people.

Are you suggesting we need to know with some degree of precision what
parts of the code came from who?  Or just that we need to get assignment
for all the original contributors?

>> All that said the next step for GeoTools seems to be for them to take
>> a copyright assignment letter to as many contributors as they can
>> identify.  Can you provide some sort of template copyright assignment
>> letter we should use?  Since it is hard to identify specific files I
>> am hoping that each contributor could sign a letter indicating that
>> copyright for all their contributions that are in the GeoTools SVN
>> repository as of a particular date (perhaps also with an url
>> identifying the SVN repository in question) are to be assigned to the
>> foundation.  Is that a reasonable approach?
> 
> The only question I have is why one would assign copyright of 
> contributions only as of a particular date?  What about contributions 
> made the very next day?  Are those simply licensed to OSGeo?  Under what 
> license?  The attached copyright assignment would assign past and future 
> contributions to a particular project, if the contributor so desired to 
> assign the copyright.

Sorry, I was just attempting to come up with some precise way of
describing what was being contributed.  If it is legally sufficient
to say something like all code contributed in the past, and in the future
as part of the GeoTools project, then that is far better.

This is one example of where "I am not a lawyer" is dangerous. :-)

I see the template assignment indicates "all past, present, and future
computer code you have contributed, are contributing or will contribute
to any OSGeo project."   This certainly seems quite broad and
straight forward.   I like that I would just have to sign it once for
any projects I'm involved in.

I assume if a contributor wanted, they could alter the text to list
only one project?

It seems funny that even at that, if GeoTools "declared" GDAL part of
it's project, all my copyright on GDAL code would then revert to
OSGeo (if I had signed the assignment, even limited to GeoTools).

>> Once they have such a template letter, they can get people to start
>> printing them, signing them, and mailing them to OSGeo for storage
>> somewhere.
> 
> Ah yes, "mailing them to OSGeo".  Do we have a PO box and an admin yet? :)

For the time being I'd be willing to be a maildrop for code assignments.
I'll pass them on to the ED for permanent storage as OSGeo legal documents
when the ED is in place.

Best regards,
-- 
---------------------------------------+--------------------------------------
I set the clouds in motion - turn up   | Frank Warmerdam, warmerdam at pobox.com
light and sound - activate the windows | http://pobox.com/~warmerdam
and watch the world go round - Rush    | President OSGeo, http://osgeo.org