Open Stack

[moving the thread to openstack-legal. Please reply to that list only.]

On 10/28/2013 10:09 AM, Antoine Musso wrote:
> I did not feel like hijacking the Corporate CLAs thread, so spamming
> you guys with my own personal case.

I'm sure you're not the only one with similar corner cases.

> I am an incorporated contractor and contract with the Wikimedia 
> Foundation Inc.  The contract I have with them has a joint copyright 
> agreement clause, which belong to both me and them and any party can
> do whatever action they want as if they were the sole owner (I am not
> a lawyer).  Additionally, say code must be realized under an OSS
> approved license.
> 
> That being said, I did sign the CLA as a person. I am now wondering 
> whether the Wikimedia Foundation Inc. should sign the corporate CLAs
> as well.  There might be other contractors under a similar agreement
> as me and some of their employees did submit code as well.
> 
> As I got ownership of the code, you are covered, but I think it would
> be nice to have the Wikimedia Foundation involved somehow (I am not 
> representing them!).
> 
> Is that covered already by some FAQ?  Is there some specific point
> of contact at the OpenStack Foundation Inc where I could point
> Wikimedia legal team to ?

Honestly, I don't have an answer for you: reading the CCLA and the
Foundation's bylaws one needs to declare he's "affiliation" as defined
in 4.17

    (b) For the purposes of the Director Diversity Requirement, the term
“Affiliated” or “Affiliation” in the Bylaws is defined as follows:

    (i) relationships between Members who are business entities and
Members who are individuals (whether Individual Members, Gold Members or
Platinum Members), the individual is a (i) board member, officer or
employee of the business entity or its Affiliated Group (as defined in
Section 2.5) or (ii) an independent contractor to the business entity or
its Affiliated Group who has earned more than $60,000 in the most recent
twelve month period; or

So if any organization, wikimedia found or others, pay you over the
equivalent of $60 in the past 12 months you need to state such
affiliation in your personal profile.

Whether that also means that the ones you list as affiliated
organizations need to also explicitly list your as authorized to
contribute I'm not sure.

Legal team: what do you think?

/stef



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