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Re: FW: access to code under AGPL v3

by
Andi Becker
- 01/24/2016 22:27:16


On Sun, Jan 24, 2016 at 11:47 PM, Daniel Reis <dreis.pt@hotmail.com> wrote:
Code in the OCA is in the OSI license the authors chose to use and it's not OCA's policy to change them.

Have a look to the following passage in the CLA:
and


Apache CLA Point 2.:
Grant of Copyright License. Subject to the terms and conditions of
this Agreement, You hereby grant to the Foundation and to
recipients of software distributed by the Foundation a perpetual,
worldwide, non-exclusive, no-charge, royalty-free, irrevocable
copyright license to reproduce, prepare derivative works of,
publicly display, publicly perform, sublicense, and distribute Your
Contributions and such derivative works.

OCA CLA 2.1b:
You grant to Us a perpetual, worldwide, non-exclusive, transferable, royalty-free, irrevocable license under the Copyright covering the Contribution, with the right to sublicense such rights through multiple tiers of sublicensees, to reproduce, modify, display, perform and distribute the Contribution as part of the Material; 

while OCA CLA 2.1a says:

You retain ownership of the Copyright in Your Contribution and have the same rights to use or license the Contribution which You would have had without entering into the Agreement. 

so what is it now exactly? if nothing changes as without entering into the Agreement? IMHO Point 2.2b is just the opposite of 2.1a as it does allow a change and therefore a contributor does not retain all his rights as he would have without entering into the Agreement.

If it is "it's not OCA's policy to change them" - than why those passages in the CLA and why at all a CLA which hinders developers to contribute because they or their employer or any other legal entity they depend on before signing the CLA does not agree with exactly that CLA.

If OCA is confident in what they are doing and in their code inside those repositories it would be much more homogene than it is right now and everything would be licensed under the same license which is AGPL also in future versions and all kind of contributions.

---

As i.e. the Apache and the OCA CLA shoes differences they might need to get explain a bit better why they are different.

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Irrevocable copyright license - is nothing else than a copyright license

but what is a "irrevocable license under the Copyright covering the Contribution"? It is a license but it is not a copyright license - right? as the Copyright retains with the original author who also will keep all his rights. One of those rights is that he ONLY can decide if he wants to change the license and to what he wants to change it. "same rights" get actually obsolete with what gets said in 2.1b.

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derivated Works - is it the same as Material as the word "derivated word gets spared out I guess not. The definition of Materials is not so easy to understand - sorry. So what is Material? Examples which show the difference of derivated works? Does material include also proprietary code as Material? as a derivated work of AGPL/LGPL could not include it?

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contribution guideline advising
how to assert the copyright and license.
It would be the enforced for new PRs and for the modules ported from
previous versions.

This is of course a wonderful first step if it would happen and step by step also all other contributions could be adjusted when making other adjustments to the module too.

If you feel you have something to contribute on that area, the best way
to do it is to create a PR proposing changes to this file:
https://github.com/OCA/maintainer-tools/blob/master/CONTRIBUTING.md

https://odoo-community.org/page/Contribute

I started already with the basics:

Read the official documentation
Subscribe to the Odoo mailing lists or community mailing lists
Go and read the official documentation
Mailing lists


but most important pert right now is 

You must sign the Computer License Agreement (CLA)

as a first step to be even able to contribute on github

without that CLA the contribution would have been done probably already!

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People who have not signed the OCA CLA right now can't simple contribute on github and there is only one way left for them which is the mailinglist ;-)

I am pretty sure that much more people would contribute to OCA if they could be sure that their AGPL licensed code will stay also AGPL in all future releases, which would make it impossible for ODOO S.A. or any other company to integrate or link their code from proprietary "extensions" and parts.

If now OCA would ensure that their code would never be changed to any other - perhaps more permissive OSI license so that the specific code can also be used in proprietary software, than there won't be any need actually for a CLA as the AGPL license ensures this already and it would leave even all 4 Freedoms if an author intends to change his module in another version to something else as the AGPL part will always be AGPL and further developments could simply start at any time from there.

Andi