Open Stack

Hi Alice, Kevin,

Kevin, a couple of questions: 

Is this a one-time contribution or do you expect to be making further
contributions to OpenStack?

Am I correct that this is specifically what you've been trying to contribute?
https://github.com/EMSL-MSC/heat-templates/commit/1d4ce302313f210ba5dc2a29faa2764db57e45d4


- Richard





On Wed, Dec 04, 2013 at 09:35:34AM -0600, Alice King wrote:
> Hi Everyone.  I have been taking with Kevin and the attorney for Batelle as
> a legal representative for the Foundation.  Batelle is the contractor who
> runs the Pacific Northwest National Laboratory (PNNL) where Kevin works.  As
> I understand it, Batelle runs various labs for the US Government in addition
> to PNNL.   http://www.battelle.org/   The Batelle lawyer has explained that
> they are unable to sign the Apache Corporate CLA because they face
> significant internal barriers to granting a patent license that could
> incorporate work at other facilities they manage. 
> 
> Batelle has offered two suggestions: 
> 
> 1.	 The Foundation accept the work as public domain work:  The Batelle
> lawyer believes the public domain route is available under rules that permit
> federal contractors to treat "de minimis" contributions as public domain
> work.     
> 
> 2.	The Foundation accept Kevin's contribution under the Educational
> Community License, rather than Apache 2.0.  The Educational Community
> License is like the Apache 2.0 license, but with a limit on the patent
> license to only those works of the individual who created the work, not the
> entity where the individual works.  You can read about the ECL license here:
> http://en.wikipedia.org/wiki/Educational_Community_License
> 
> I would appreciate any thoughts anyone has on this issue.  I do not favor
> the public domain treatment because it does not address the patent issues at
> all.  I would also note that the Foundation Bylaws require the Board to
> approve a contribution other than under the existing CLA's.
> 
> It seems likely that issue will come up again, so it would be a good idea to
> think about this in terms of a "policy."
> 
> I hope Batelle, Kevin will jump in with additional information.
> 
> Alice  King
> 
> -----Original Message-----
> From: Fox, Kevin M [mailto:kevin.fox at pnnl.gov] 
> Sent: Wednesday, November 6, 2013 5:12 PM
> To: legal-discuss at lists.openstack.org
> Subject: [legal-discuss] Contribution snag.
> 
> Hello OpenStack Legal,
> 
> I'm trying to contribute something and have run into some snags. See email
> below. Steve told me that the Foundation is the one needing to receive this.
> I tried but got no response so I'm forwarding it to the legal list.
> 
> Thanks,
> Kevin
> ________________________________________
> From: Fox, Kevin M
> Sent: Thursday, October 31, 2013 5:16 PM
> To: Steve Baker
> Subject: Heat contribution
> 
> Hi Steve,
> 
> I've been looking through the individual contributor level agreement and in
> section 7 it mentions contacting the project manager, which I think is you
> for heat?
> 
> I have a contribution which is for a set of heat templates that make it
> possible to spawn a scalable, sharded mongodb cluster. It should be of great
> use to the Trove folks, as well as others.
> 
> I've been trying to contribute code for a while and the contributor
> agreement has made this very difficult.
> 
> Long story short:
>  * I work for a national lab and while the contribution was created by us
> government funds and owned by the us government, we are operated by a
> corporation, Battelle and I am technically a Battelle employee. There really
> isn't an agreement that seems to cover this case other then the individual
> agreement with a contribution from others.
>  * All parts of the work that aren't derived directly from existing
> heat-templates has been put in the public domain.
>  * No one at the lab has the legal authority to sign a Corporate contributor
> level agreement. We can't sign a us government contributor agreement since
> we are technically not the us government. We are contractors that the
> government gave the code to under the public domain.
> 
> Since the code is out there public domain, I believe an individual
> contributor agreement works via section 7 and I just need to figure out how
> to get the code to the right person. Is that you?
> 
> The work history is:
> It started out as templates from here:
> https://mongodb-documentation.readthedocs.org/en/latest/ecosystem/tutorial/a
> utomate-deployment-with-cloudformation.html
> "Chris Scheich"<chris at mongodb.com> from 10gen verified it was public domain.
> 
> It was modified a bit here:
> https://github.com/andresdouglas/aws-cfn-mongostack
> By "Andres Douglas"<andres.douglas at gmail.com> whom I contacted and he also
> has public domained the work.
> 
> I personally modified the templates including some code from the
> openstack/heat-templates repository and added some original code.
> 
> Changes contributed by me has cleared legal and export controls and is under
> the public domain.
> 
> So all licensing is accounted for and should be acceptable to the OpenStack
> community and being public domain, I should be able to contribute it.
> 
> The code is located at the following link. It is Submitted on behalf of a
> third-party: US Government
> https://github.com/EMSL-MSC/heat-templates/commit/1d4ce302313f210ba5dc2a29fa
> a2764db57e45d4
> 
> Thanks,
> Kevin
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> 
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