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This was extracted (@ 2018-10-23 14:10) from a list of minutes which have been approved by the Board.
Please Note The Board typically approves the minutes of the previous meeting at the beginning of every Board meeting; therefore, the list below does not normally contain details from the minutes of the most recent Board meeting.

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Corporate CLAs

18 Aug 2004

 It appears that there may be incomplete understanding of what
 the current CCLA requires of the ASF.  It imposes burdens on
 the Foundation that did not apply before.

 Jennifer Machovec, legal council for IBM, was invited to
 participate in a discussion over the current versions of
 the Corporate CLA and recommended changes to it, mostly
 as related to the Derby code donation, as well as to basic
 enhancement and protection.  The revised Corporate CLA
 was to list all employees authorized to contribute code
 as well as the individual projects to which they can
 contribute to.  Jennifer noted that the suggested changes
 provided an "irrevocable donation of code" in any and
 all circumstances, even if the employee had made a
 mistake.

 It was remarked that this would place the ASF under additional
 administrative burdens, monitoring and matching CVS commits
 against the list.  It also tends to move the ASF further and
 further away from the core concept of a "relationship" which
 the ASF has been built on, that of the ASF with regards to
 the individual.  It was remarked that the ASF's "web of trust"
 extends between the ASF and the individual contributor, and,
 at least in the opinion of some directors, that is as far
 as it needs to be.

 It was further discussed that the proposed changes would,
 in the minds of several directors, make the development
 environment with the ASF less healthy and organic, but
 placing restrictions on which projects people could work
 on.  The CLAs were supposed to open the doors for people
 to contribute, rather than close or restrict them.

 Jennifer stated that, in her opinion, this was leaving
 the ASF in a risky position and could leave it open to
 "problems" in the future.  The board's position was that
 taking authority and ownership over controls that should
 really be placed by the individual him/herself or between
 an employee and employer was likely more dangerous and
 risky.  In essence, the ASF works with people who have
 exhibited a high level of trust, and that we can therefore
 trust them to do the right thing.  And if they don't, it
 isn't something that the ASF has monitored or controlled,
 so the impact to us directly is much smaller;  taking on
 those responsibilities opens us up to more risk.

 It was correctly noted that the present Corporate CLA and
 v2 of the Apache License are incompatible.  Jennifer
 stated that she would take our comments under review
 and try to work up another revision.