Temporary ecoscentric assignments

Temporary ecoscentric assignments

[Jonathan Larmour]

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As discussed, I've finally gotten round to writing up some stuff about 
what we agreed about the temporary arrangement to assign to eCosCentric.

The main new page is at:

http://ecos.sourceware.org/ecoscentric-assignment.html

And I've also got the attached patch to check in with it. Please everyone 
check you're happy with it.

When I check it in, I'll also update the main FAQ, including also finally 
making it point at http://ecos.sourceware.org/patches.html although I may 
add a new item on the menubar on the left if I can think of an appropriate 
link name.

Jifl
-- 
eCosCentric    http://www.eCosCentric.com/    The eCos and RedBoot experts
--["No sense being pessimistic, it wouldn't work anyway"]-- Opinions==mine

[-- Attachment #2: ecoscentric-assign.pat.txt --]
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Index: assign.html
===================================================================
RCS file: /cvs/ecos/htdocs/assign.html,v
retrieving revision 1.15
diff -u -5 -p -r1.15 assign.html
--- assign.html	3 Nov 2003 03:29:31 -0000	1.15
+++ assign.html	27 Nov 2003 22:53:38 -0000
@@ -4,46 +4,57 @@
 </HEAD>
 
 <!--#include virtual="include/header.html"-->
 
 <BR><H2>eCos Copyright Assignment Form</H2>
-Revision 1.2.1
+Revision 2.0
 <HR noshade SIZE=3>
 
 <P>This preamble describes how to use the standard eCos copyright assignment
 form. The rationale behind this assignment is to avoid any possible confusion
-over the legal ownership of eCos, and to indemnify Red Hat and all eCos users
+over the legal ownership of eCos, and to indemnify all eCos users
 against copyright or patent claims on contributed code used within eCos.
-Red Hat would be especially vulnerable, but all users and their eCos based
-applications could be affected.<p>
+The copyright holders (individual maintainers, eCosCentric and Red Hat)
+would be especially vulnerable, but all users and their eCos based applications
+could be affected.<p>
+
+The eCos maintainers have been in discussions with the <a href="http://www.fsf.org/">
+Free Software Foundation</a> to arrange for eCos to become an FSF project. However
+these discussions have been taking longer than anticipated, and so purely as a
+temporary arrangement, <a href="http://www.ecoscentric.com/">eCosCentric</a> has
+offered to accept eCos copyright assignments, subject to an <a href="ecoscentric-assignment.html">
+explicit public guarantee</a> that ensures that this arrangement is only temporary
+until the discussions with the FSF are concluded. More details on this, including
+a Q&A <a href="ecoscentric-assignment.html">are available</a>.<p>
 
-The contribution will remain freely available to all.<p>
-
-This agreement gives Red Hat ownership of your changes but promises that you will
+The copyright assignment agreement gives eCosCentric ownership of your changes but promises that you will
 retain the right to use your contributed changes as you see fit. Once this
 form has been signed, if you wish you may also contribute future changes without
 requiring a separate assignment form.<p>
 
-Because employers often can claim ownership over things that employees write,
-you may also have to get your employer to sign a disclaimer that says that
-they have no claim to the changes you are contributing.<p>
+The contribution will remain freely available to all.<p>
+
+Because employers and colleges often can claim ownership over things
+that employees or students write, you may also have to get your
+employer/college to sign a disclaimer that says that they have no
+claim to the changes you are contributing.<p>
 
 Please read everything, and if you have any questions, email the
-<a href="mailto:ecos-maintainers@ecos.sourceware.org">eCos
+<a href="mailto:ecos-maintainers@ecos.sourceware.org?subject=Assignment%20query">eCos
 maintainers at
 &lt;ecos-maintainers@ecos.sourceware.org&gt;</a> for help.<p>
 
 Thanks for your contribution to eCos!<p>
 
 
-The way to assign copyright to Red Hat is to sign an assignment
-contract. This is what makes Red Hat the legal copyright holder
-so that Red Hat can register the copyright on the new version.<p>
+The way to assign copyright to eCosCentric is to sign an assignment
+contract. This is what makes eCosCentric the legal copyright holder
+so that eCosCentric can register the copyright on the new version.<p>
 
 If you are employed as a programmer (even at a university), or have made an
 agreement with your employer or school that gives them ownership of the
-software you write, then Red Hat needs a signed letter from your employer
+software you write, then eCosCentric needs a signed letter from your employer
 disclaiming rights to the contributed software.<p>
 
 The disclaimer should be printed on the company's headed paper, and signed
 by an officer of the company, or someone authorized to license the company's
 intellectual property. Here is an example of wording that can be used for
@@ -63,23 +74,25 @@ this purpose:<p>
   &lt;INSERT PRINTED NAME OF OFFICER OF COMPANY&gt;
   &lt;INSERT TITLE OF OFFICER&gt;
 </pre>
 
 If your employer says they do have an intellectual property claim that
-could conflict with the use of the program, then please contact Red
-Hat to discuss possible next steps.<p>
+could conflict with the use of the program, then please contact
+<a href="mailto:ecos-maintainers@ecos.sourceware.org?subject=Assignment%20query">the
+eCos maintainers</a> to discuss possible next steps.<p>
 
 Below is the usual assignment contract. You need to edit and replace
 &lt;INSERT NAME OF CONTRIBUTOR&gt; with your full name. Please print a
 copy, sign, date, and mail it to:<p>
 
-&nbsp;&nbsp;Legal Department (eCos Assignments)<br>
-&nbsp;&nbsp;Red Hat, Inc.<br>
-&nbsp;&nbsp;1801 Varsity Drive<br>
-&nbsp;&nbsp;Raleigh<br>
-&nbsp;&nbsp;NC 27606-2072<br>
-&nbsp;&nbsp;USA<p>
+&nbsp;&nbsp;eCos assignments<br>
+&nbsp;&nbsp;eCosCentric Limited<br>
+&nbsp;&nbsp;47 High Street<br>
+&nbsp;&nbsp;West Wickham<br>
+&nbsp;&nbsp;CAMBRIDGE<br>
+&nbsp;&nbsp;CB1 6RY<br>
+&nbsp;&nbsp;United Kingdom<p>
 
 Don't forget to include the original signed copy of the employer's disclaimer.<p>
 
 Please try to print the whole first page of the form on a single piece of
 paper. If it doesn't fit on one printed page, put it on two sides of a single
@@ -90,41 +103,45 @@ day/month ordering conventions.<p>
 <pre>
 ----------------------------------- Cut Here ----------------------------------
 
                                 eCos ASSIGNMENT
 
-   For good and valuable consideration, receipt of which I acknowledge, I,
-&lt;INSERT NAME OF CONTRIBUTOR&gt;, hereby transfer to Red Hat, Inc.
-my entire right, title, and interest (including all rights under
-copyright) in my changes and enhancements to the eCos Operating System and
-associated software (herein called the "Software"), subject to the conditions
-below. These changes and enhancements are herein called the "Work". The Work
-also includes any future changes and enhancements to the Software hereafter
-made by me which I also hereby assign.
-
-   Upon thirty days prior written notice, Red Hat agrees to grant me
-non-exclusive rights to use the Work (i.e. just my changes and enhancements,
-not eCos as a whole) as I see fit; (and Red Hat's rights shall otherwise
-continue unchanged).
-
-   I hereby agree that if I have or acquire hereafter any patent or interface
-copyright or other intellectual property interest dominating the software
-enhanced by the Work (or use of that software), such dominating interest will
-not be used to undermine the effect of this assignment, i.e. Red Hat and the
-general public will be licensed to use, in that program and its derivative
-works, without royalty or limitation, the subject matter of the dominating
-interest. This license provision will be binding on my heirs, assignees, or
-other successors to the dominating interest, as well as on me.
-
-   I hereby represent and warrant that I am the sole copyright holder for the
-Work and that I have the right and power to enter into this contract. I hereby
-indemnify and hold harmless Red Hat, its officers, employees, and agents
-against any and all claims, actions or damages (including attorney's
-reasonable fees) asserted by or paid to any party on account of a breach or
-alleged breach of the foregoing warranty. I make no other express or implied
-warranty (including without limitation, in this disclaimer of warranty, any
-warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE).
+   For good and valuable consideration, receipt of which I acknowledge,
+I, &lt;INSERT NAME OF CONTRIBUTOR&gt;, hereby transfer to eCosCentric
+Limited my entire right, title, and interest (including all rights
+under copyright) in my changes and enhancements to the eCos Operating
+System and associated software (herein called the "Software"), subject
+to the conditions below. These changes and enhancements are herein
+called the "Work". The Work also includes any future changes and
+enhancements to the Software hereafter made by me which I also hereby
+assign.
+
+   Upon thirty days prior written notice, eCosCentric Limited agrees to
+grant me non-exclusive rights to use the Work (i.e. just my changes
+and enhancements, not eCos as a whole) as I see fit; (and
+eCosCentric's rights shall otherwise continue unchanged).
+
+   I hereby agree that if I have or acquire hereafter any patent or
+interface copyright or other intellectual property interest dominating
+the software enhanced by the Work (or use of that software), such
+dominating interest will not be used to undermine the effect of this
+assignment, i.e. eCosCentric, Red Hat and the general public will be
+licensed to use, in that program and its derivative works, without
+royalty or limitation, the subject matter of the dominating
+interest. This license provision will be binding on my heirs,
+assignees, or other successors to the dominating interest, as well as
+on me.
+
+   I hereby represent and warrant that I am the sole copyright holder for
+the Work and that I have the right and power to enter into this
+contract. I hereby indemnify and hold harmless eCosCentric, its
+officers, employees, and agents against any and all claims, actions or
+damages (including attorney's reasonable fees) asserted by or paid to
+any party on account of a breach or alleged breach of the foregoing
+warranty. I make no other express or implied warranty (including
+without limitation, in this disclaimer of warranty, any warranty of
+MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE).
 
 Agreed:
 [signature]
 
 
@@ -133,11 +150,11 @@ Agreed:
 
 Date:
 [Please write using letters]
 
 
-For Red Hat:
+For eCosCentric:
 
 
 
 Date:
 
Index: contrib.html
===================================================================
RCS file: /cvs/ecos/htdocs/contrib.html,v
retrieving revision 1.72
diff -u -5 -p -r1.72 contrib.html
--- contrib.html	3 Nov 2003 03:29:31 -0000	1.72
+++ contrib.html	27 Nov 2003 22:53:39 -0000
@@ -21,11 +21,11 @@ on how to contribute is contained within
 
 <p>The following external projects are known to the eCos maintainers. If you are
 working on an eCos-based project that others could benefit from or contribute
 to, please let the <a href="mailto:ecos-maintainers@ecos.sourceware.org">eCos maintainers</a>
 know and it will be added to this page. Sources are provided <i>as is</i> and are
-not supported by Red Hat at this time.</p>
+not supported at this time.</p>
 
 <!-- ------------------------------------------------------------------ -->
 
 <h4>OpenSSL</h4>
 
Index: patches-assignment.html
===================================================================
RCS file: /cvs/ecos/htdocs/patches-assignment.html,v
retrieving revision 1.1
diff -u -5 -p -r1.1 patches-assignment.html
--- patches-assignment.html	2 Sep 2003 08:09:09 -0000	1.1
+++ patches-assignment.html	27 Nov 2003 22:53:39 -0000
@@ -8,23 +8,26 @@
 <BR><H2>Assigning copyright</H2>
 Revision 1.0
 <HR noshade SIZE=3>
 
 <p>Any patch greater than a few lines (around 10 as a general rule)
-needs to be accompanied by an assignment of copyright to <!-- the FSF
---> Red Hat.
+needs to be accompanied by an assignment of copyright to eCosCentric
+Limited.  This is <a href="ecoscentric-assignment.html">a temporary
+arrangement</a> while discussions with the <a
+href="http://www.fsf.org/">Free Software Foundation</a> are still
+ongoing concerning the adoption of eCos as an FSF project.
 
 <p>The rationale behind this assignment is to avoid any
 possible confusion over the legal ownership of eCos, and to ensure
 that the contributor's employer assents to the work being
 contributed. It also allows the the copyright to be vested centrally
 so that eCos's license may be enforced - something which only
 copyright holders may do. If there are multiple authors of a
 copyrighted work, successful enforcement depends on having the
 cooperation of all authors.</p>
 
-<p>Generally two documents are required to be posted to Red Hat. One
+<p>Generally two documents are required to be posted to eCosCentric. One
 is the copyright assignment itself, and the other is a disclaimer of any
 work-for-hire ownership claims by the contributor's employer - many
 employment contracts include clauses that automatically assign all work
 by employees to the employer.</p>
 
@@ -33,16 +36,16 @@ necessary. If it is, then go to <a href=
 assignments page</a> and follow the instructions there. Once you have
 one assignment, you are covered for all future patches, so you only
 need to do this once.</p>
 
 <p>If an assignment is needed it is best to get the process moving
-as soon as possible; Red Hat may take a while to process
-it. It is probably best to send the assignment forms off as soon as
+as soon as possible; eCosCentric may take a while to receive and
+process it. It is probably best to send the assignment forms off as soon as
 you know what new or changed files the patch incorporates. The maintainers
 will be notified independently when the assignment has been
 processed. Patches will not be applied to the development repository
-until Red Hat confirms the assignment.</p>
+until eCosCentric confirms the assignment.</p>
 
 <p>If your employer does not consent to the disclaimer, or you do not hold
 copyright for all the contributed code, then a copyright assignment is not
 possible. In that case, provided the license for the code permits
 redistribution (which may also required your employer's consent if

Re: Temporary ecoscentric assignments

[Jonathan Larmour]

Jonathan Larmour wrote:
> As discussed, I've finally gotten round to writing up some stuff about 
> what we agreed about the temporary arrangement to assign to eCosCentric.
> 
> The main new page is at:
> 
> http://ecos.sourceware.org/ecoscentric-assignment.html

This page has been updated after comments, and in place of the link to 
/ml/ecos-discuss, will contain a link to the promise in the mail archive, 
rather than here. The text of that promise to be e-mailed is the same as 
what that page used to say.

I'd like some explicit confirmation from non-eCosCentric folks before 
going ahead :-).

Alex will be sending his mail to ecos-discuss as soon as we're sure you 
all are happy. Hmm... it should probably go to ecos-announce too.

Jifl
-- 
eCosCentric    http://www.eCosCentric.com/    The eCos and RedBoot experts
--["No sense being pessimistic, it wouldn't work anyway"]-- Opinions==mine

Re: Temporary ecoscentric assignments

[Andrew Lunn]

On Wed, Dec 03, 2003 at 02:04:37PM +0000, Jonathan Larmour wrote:
> Jonathan Larmour wrote:
> >As discussed, I've finally gotten round to writing up some stuff about 
> >what we agreed about the temporary arrangement to assign to eCosCentric.
> >
> >The main new page is at:
> >
> >http://ecos.sourceware.org/ecoscentric-assignment.html
> 
> This page has been updated after comments, and in place of the link to 
> /ml/ecos-discuss, will contain a link to the promise in the mail archive, 
> rather than here. The text of that promise to be e-mailed is the same as 
> what that page used to say.
> 
> I'd like some explicit confirmation from non-eCosCentric folks before 
> going ahead :-).

Sorry for not commenting earlier. A few minor grammar point (From me
the dyslexic!). Last sentence, first paragraph. It should be
"protect_ing_ the future of eCos."

That sentence and some of the others are rather long. Its worth
remembering that English is the second/third language for many of the
people using eCos. If i have to double take a sentence, im sure other
will struggle.

Third paragraph:

"...they are willing to accept assignments of code and documentation
copyright for new contributions..."

I would move the word copyright before assignments. 

I would also change "This declaration..." to "A declaration..." The
use of This in this way suggests its refering to a subject in the
preview paragraph, when in fact its referring to what that link points
to. 

I might also be good to add a paragraph on how you revoke a current
assignment agreement with RedHat.

           Andrew

Re: Temporary ecoscentric assignments

[Jonathan Larmour]

Andrew Lunn wrote:
> On Wed, Dec 03, 2003 at 02:04:37PM +0000, Jonathan Larmour wrote:
> 
>>Jonathan Larmour wrote:
>>
>>>As discussed, I've finally gotten round to writing up some stuff about 
>>>what we agreed about the temporary arrangement to assign to eCosCentric.
>>>
>>>The main new page is at:
>>>
>>>http://ecos.sourceware.org/ecoscentric-assignment.html
>>
>>This page has been updated after comments, and in place of the link to 
>>/ml/ecos-discuss, will contain a link to the promise in the mail archive, 
>>rather than here. The text of that promise to be e-mailed is the same as 
>>what that page used to say.
>>
>>I'd like some explicit confirmation from non-eCosCentric folks before 
>>going ahead :-).
> 
> 
> Sorry for not commenting earlier. A few minor grammar point (From me
> the dyslexic!). Last sentence, first paragraph. It should be
> "protect_ing_ the future of eCos."

There was another typo there, so I've fixed it all.

> That sentence and some of the others are rather long. Its worth
> remembering that English is the second/third language for many of the
> people using eCos. If i have to double take a sentence, im sure other
> will struggle.

Okay, I've broken up some of the longer sentences throughout.

> Third paragraph:
> 
> "...they are willing to accept assignments of code and documentation
> copyright for new contributions..."
> 
> I would move the word copyright before assignments. 

Yep.

> I would also change "This declaration..." to "A declaration..." The
> use of This in this way suggests its refering to a subject in the
> preview paragraph, when in fact its referring to what that link points
> to. 

Reworked.

> I might also be good to add a paragraph on how you revoke a current
> assignment agreement with RedHat.

Good point! I've added a Q&A question for that. Alex take note! It says:

<li><i>I have an existing copyright assignment with Red Hat, what should I
do?</i>

<p>Existing copyright assignment agreements in place with Red Hat include a
clause that automatically assigns all future eCos contributions. To be sure
there is no potential ambiguity with a more recent assignment to eCosCentric,
it is recommended that you inform Red Hat that are cancelling your eCos
copyright assignment and will instead no longer be assigning future
contributions to Red Hat. If you do so, please also let the eCos maintainers
know at <a href="mailto:ecos-maintainers@ecos.sourceware.org">
ecos-maintainers@ecos.sourceware.org</a>. </p></li>

As soon as Gary's happy, we're all set I guess.

Jifl
-- 
eCosCentric    http://www.eCosCentric.com/    The eCos and RedBoot experts
--["No sense being pessimistic, it wouldn't work anyway"]-- Opinions==mine

Re: Temporary ecoscentric assignments

[Andrew Lunn]

> there is no potential ambiguity with a more recent assignment to
> eCosCentric, it is recommended that you inform Red Hat that are
                                                            ^^^ you 
     Andrew