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Clarify who determines whether to accept a contribution #1

Open amercader opened 10 years ago

amercader commented 10 years ago

We determine the code that is in our project. You understand that the decision to include the Contribution in any project or source repository is entirely that of the Open Knowledge Foundation, and this agreement does not guarantee that the Contributions will be included in any product.

If this means, "the decision to accept a patch, fix or new feature" I guess that it is up to the technical dev team, commiters or whatever is called, not the Open Knowledge Foundation

rufuspollock commented 10 years ago

@amercader my understanding re the drafting here is that the tech team is not a legal entity that can be party to this agreement. To be clear, of course, in practice the people deciding whether to accept a patch will be the technical team but it just that in legal sense they are acting as agents of the actual legal entity making this agreement.

nickstenning commented 10 years ago

I'm not even sure why this needs to be in a CLA. It doesn't (to non-legally-trained me) seem like something that needs to be included to defend the IP in the project.

rufuspollock commented 10 years ago

Its just reserving the right not to include a contribution even though both sides have made the agreement in the CLA. Again this seems to me of minor substantive importance but an example of crossing the 't's and dotting the 'i's from the legal point of view. Are we happy to close this issue and accept this text in the agreement?

rossjones commented 10 years ago

Maybe I am being naive, but having spoken with Francis Davey about associations previously he convinced me that we (Awesome Liverpool Foundation) could use http://create.oneclickorgs.com/organisations/new in the past to create legal entities. Is there a reason CKAN Assoc can't use this or something similar to become a legal entity so that it can be party to the CLA?

rufuspollock commented 9 years ago

Can we move on this one. I think the question of distinct legal entity is in #5 - whatever the resolution there i would imagine this clause is useful in that clarifies that code does not have to be accepted.