[Zope-dev] Re: [DISCUSS] Committer agreement not even handed and threadening

[Dieter Maurer]

Paul Everitt writes:
     <http://dev.zope.org/CVS/Contributor.pdf>

The "Committer Agreement" does not seem to be even handed:

   The committer transfers rights immediately and indefinitely
   to Zope Corporation (the contributions become a gift to
   Zope Corporation).

   The agreement states explicitly that no rights are transfered
   to the committer.

   This is not a problem in itself. However....

      My intention to contribute would be to strengthen
      the Open Source Movement. A statement that
      the supported code base (Zope) will remain open source
      and that committers will be able to use it (indefinitely)
      under terms comparable to the current ZPL would
      help to let the agreement to appear more balanced....


The "Commitrer Agreement" is quite threadening:

   A committer takes over a considerable risk (complete warranty
   and indemnification with respect to intellectual rights infringement).

   The risk is far higher than that of a (german) employee.
   German employment law recognizes that

     *  all people make (sometimes) errors
     *  coping with isolated errors is far easier for
        a larger community (the big employer) than
	a single individual.

   Therefore, it uses the term "Fahrl=E4ssigkeit" (carelessness).
   An employee has to take all care to not make errors during
   his work. If something bad happens due to slight
   carelessness (leicht fahrl=E4ssig), then this is
   a general risk which has to be taken by the employer.
   If serious carelessness (grob fahrl=E4ssig) was the cause,
   then the employee has to take the consequences for himself.

   We should have something similar for the committer agreement
   (not restricted to intellectual property rights!).
   Maybe something like an insurance for slight carelessness
   cases...

   Otherwise, commiting anything might easily ruin an individual.
   Especially with the strange US Patent Laws (where almost
   everything (such as presenting information in a popup window
   or integrating a Web Frontend with a baking oven) can
   be patented) and incredibly high damages amounts
   (5 billion for a smoker who got cancer) assigned in US courts.


I will probably read replies to this message only in several weeks.
Don't be surprised when I remain silent for some time....


Dieter