Subject: Re: OSI-approved license that assigns contributor copyright to me
From: Thorsten Glaser <>
Date: Sun, 17 Jul 2005 13:22:02 +0000

Alex Bligh dixit:

>>   5. Submission of Contributions. Unless You explicitly state otherwise,
>>   any Contribution intentionally submitted for inclusion in the Work by
>>   You to the Licensor shall be under the terms and conditions of this
>>   License, without any additional terms or conditions. Notwithstanding
>>   the above, nothing herein shall supersede or modify the terms of any
>>   separate license agreement you may have executed with Licensor
>>   regarding such Contributions.
>> Clearly you could change "under the terms and conditions of this License"
>> to "under the terms and conditions of the Licensor's choosing".  It may
>> dismay certain potential contributors who would prefer to see a quid pro
>> quo (why give you a right they themselves don't get with your code?) but
>> some will no doubt be fine with it.

> AFAIK the Apache license (without the additional paperwork assignment)
> only grants the Apache foundation the same rights as anyone else, i.e.
> to use the code under the terms of the license. The Apache license
> is not restrictive (at least not in the same ways as David was proposing),
> so what it does not do (as far as I can tell) is allow the Apache Foundation
> to license modifications under different terms (for instance a proprietary
> license). I'm doing this from memory and from your quote above without
> going back and checking, so do correct me if I'm wrong.

You might want to choose the wording like this, that the contributor
agrees that by submitting back the licensor gets the right to use his
patches under any Open Source licence.

You could go with BSD then and just provide binaries to your commercial
customers, saying the patches incorporated were under the BSD licence.

Sublicencing it wouldn't be that difficult either.

I believe no one can invent an algorithm. One just happens to hit upon it
when God enlightens him. Or only God invents algorithms, we merely copy them.
If you don't believe in God, just consider God as Nature if you won't deny
existence.		-- Coywolf Qi Hunt