Assignment legal documents?

Assignment legal documents?

[Kendall Bennett]

Hi,

I was reading about the GNU C and legal requirements for contributors, 
and discovered that copyright has to be assigned to the FSF to 
contribute. I tried to find the forms used to assign copyright, but they 
don't appear to be on the web. According to the web based documentation, 
I have to request copies of the forms. It mentions that there should be 
two different forms:

"For large changes, ask the contributor for an assignment. Send per a 
copy of the file `/gd/gnuorg/request-assign.changes'. 

For medium to small changes, request a disclaimer by sending per the file 
`/gd/gnuorg/request-disclaim.changes'."

Since we are considering contributing to some GNU projects, can I get 
copies of these forms to review with our legal counsel?

Thanks!

---
Kendall Bennett
Chief Executive Officer
SciTech Software, Inc.
Phone: (530) 894 8400
http://www.scitechsoft.com

~ SciTech SNAP - The future of device driver technology! ~

Re: Assignment legal documents?

[Phil Edwards]

On Tue, Oct 15, 2002 at 04:45:36PM -0700, Kendall Bennett wrote:
> I was reading about the GNU C and legal requirements for contributors, 
> and discovered that copyright has to be assigned to the FSF to 
> contribute. I tried to find the forms used to assign copyright, but they 
> don't appear to be on the web.

They aren't, unfortunately.  (Ask the FSF about this if you really want
to know why.)


> According to the web based documentation, 
> I have to request copies of the forms. It mentions that there should be 
> two different forms:
> 
> "For large changes, ask the contributor for an assignment. Send per a 
> copy of the file `/gd/gnuorg/request-assign.changes'. 
> 
> For medium to small changes, request a disclaimer by sending per the file 
> `/gd/gnuorg/request-disclaim.changes'."

And a third:

"If the contributor is likely to keep making changes, person might want
to sign an assignment for all per future changes to the program. So it is
useful to offer per that alternative. If person wants to do it that way,
send per the `/gd/gnuorg/request-assign.future'."

I assume you and your legal counsel have looked over the rest of that
web page.  :-)


> Since we are considering contributing to some GNU projects, can I get 
> copies of these forms to review with our legal counsel?

I will send them to you shortly.


Phil

-- 
I would therefore like to posit that computing's central challenge, viz. "How
not to make a mess of it," has /not/ been met.
                                                 - Edsger Dijkstra, 1930-2002

Re: Assignment legal documents?

[Joe Buck]

On Tue, Oct 15, 2002 at 04:45:36PM -0700, Kendall Bennett wrote:
> > I was reading about the GNU C and legal requirements for contributors, 
> > and discovered that copyright has to be assigned to the FSF to 
> > contribute. I tried to find the forms used to assign copyright, but they 
> > don't appear to be on the web.

Phil Edwards writes:
> They aren't, unfortunately.  (Ask the FSF about this if you really want
> to know why.)

There are two issues, I think that the FSF is right about the first and
wrong about the second.

First, why aren't the actual legal forms available?  Answer: because when
they were available, people would download them, change clauses they
didn't like, and send them back, and RMS personally would have to read
every word to catch this.  Since they are contracts, the FSF wants to send
you two printed copies that RMS (or someone else in authority) has already
signed, for you to sign and send back.  It's actually better and faster
this way.  So instead the FSF has forms to request forms (fill in the
info that has to be written into the contract).

Second, why aren't the forms to request the forms available?  Here there
was a problem with people choosing the wrong form, such as the form to
assign work already done when no work has been done yet.  RMS wanted the
maintainers of the specific GNU projects (i.e. us) to talk to prospective
contributors first, figure out what they want to do, and figure out what
forms they need.  I'm less happy with this one; I think that obtaining the
correct answer can be done in a mechanical fashion.  Imagine a nice
form-based interface that quizzes the potential contributor and winds up
determining what form to send, resulting in a nice set of forms getting
printed out in duplicate in the FSF's office, along with an addressed
envelope, all ready to sign and mail.

But the FSF is no different than many other organizations driven mostly by
volunteer or cheap labor: they tend to be backward and have
labor-intensive practices.

Re: Assignment legal documents?

[Kendall Bennett]

Hi Joe,

> On Tue, Oct 15, 2002 at 04:45:36PM -0700, Kendall Bennett wrote:
> > > I was reading about the GNU C and legal requirements for contributors,
> > > and discovered that copyright has to be assigned to the FSF to
> > > contribute. I tried to find the forms used to assign copyright, but
> > > they don't appear to be on the web.
> 
> Phil Edwards writes:
> > They aren't, unfortunately.  (Ask the FSF about this if you really want
> > to know why.)
> 
> There are two issues, I think that the FSF is right about the first and
> wrong about the second.

Ok, I understand now. I guess I need to request the forms then, since we 
have not done any work yet but are trying to work out what the legal 
issues will be if we do any work on the project. Will it be possible to 
get copies of all three forms to show our legal counsel? Shall I fill in 
the forms and send them off to gcc@gcc.gnu.org? 

Regards,

---
Kendall Bennett
Chief Executive Officer
SciTech Software, Inc.
Phone: (530) 894 8400
http://www.scitechsoft.com

~ SciTech SNAP - The future of device driver technology! ~

Re: Assignment legal documents?

[Gerald Pfeifer]

On Wed, 16 Oct 2002, Kendall Bennett wrote:
> Ok, I understand now. I guess I need to request the forms then, since we
> have not done any work yet but are trying to work out what the legal
> issues will be if we do any work on the project. Will it be possible to
> get copies of all three forms to show our legal counsel? Shall I fill in
> the forms and send them off to gcc@gcc.gnu.org?

If you want to see the concrete legalese, I believe contacting
assign@gnu.org is the best approach.

Gerald
-- 
Gerald "Jerry" pfeifer@dbai.tuwien.ac.at http://www.dbai.tuwien.ac.at/~pfeifer/

Re: Assignment legal documents?

[Kendall Bennett]

Hi Gerald,

> On Wed, 16 Oct 2002, Kendall Bennett wrote:
> > Ok, I understand now. I guess I need to request the forms then, since we
> > have not done any work yet but are trying to work out what the legal
> > issues will be if we do any work on the project. Will it be possible to
> > get copies of all three forms to show our legal counsel? Shall I fill in
> > the forms and send them off to gcc@gcc.gnu.org?
> 
> If you want to see the concrete legalese, I believe contacting
> assign@gnu.org is the best approach.

Yep, already did that. Hopefully I will get something soon.

Regards,

---
Kendall Bennett
Chief Executive Officer
SciTech Software, Inc.
Phone: (530) 894 8400
http://www.scitechsoft.com

~ SciTech SNAP - The future of device driver technology! ~