[legal-discuss] Contribution snag.

Fox, Kevin M kevin.fox at pnnl.gov
Wed Dec 4 19:50:04 UTC 2013


I'm hoping it will be an ongoing thing. Figuring out a good solution rather then a one off solution would be preferable I think. I'm sure other national labs will run into the same issue since they tend to be ran the same way as we are.

I've got three things in the pipeline right now:
 * MongoDB templates - https://github.com/EMSL-MSC/heat-templates/commit/1d4ce302313f210ba5dc2a29faa2764db57e45d4
 * ElasticSearch templates - https://github.com/EMSL-MSC/heat-templates/commit/f0594410f558bb753c41336d754331fec8cddf31
 * https://bugs.launchpad.net/horizon/+bug/1234950 - https://github.com/EMSL-MSC/horizon/commit/34a3218c02267a68bc34a57505e8751474797821

I've got a few other things I've been hesitant to write since things have been getting so snarled up.

Thanks,
Kevin
________________________________________
From: Richard Fontana [rfontana at redhat.com]
Sent: Wednesday, December 04, 2013 11:13 AM
To: Alice King
Cc: Fox, Kevin M; legal-discuss at lists.openstack.org
Subject: Re: [legal-discuss] Contribution snag.

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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