[Legal] copyright assignment - pain

[Bas van Gompel <cygwin dot buzz at bavag dot tmfweb dot nl>]

[multiple recipients: cygwin mailing-list + Rose Naftaly at RedHat]

Hallo,

Note: This is legal stuff, many of you may want to skip this mail...

In <url:http://cygwin.com/contrib.html> it says to ask questions on
the mailing-list, while in <url:http://cygwin.com/assign.txt> it says
to send questions to R. Naftaly. Hence this (b)cc'd message.

I have a few questions/remarks about the assignment-form.

*) The term 'program' is used. I suggest using 'software' in its
stead. I've seen (at least one) other Red Hat project(s) do this, and
cygwin is -after all- a library, not a program.

*) 'Upon thirty days' prior written notice, Red Hat agrees to
grant me non-exclusive rights to use the Work...' (in the contract)
and 'but promises that you retain the right to use your contributed
changes as you see fit' (in the intro) do not read to me as meaning
the same.

The first says Red Hat has to grant me something after I write to them,
the second says I retain that same something. I *much* prefer the
latter (especially as this is about _my_ "Work"). I therefore suggest
a wording like: 'Red Hat agrees I will retain non-exclusive rights...'.

*) 'I hereby indemnify and hold harmless...'... Tell me again why I
need to sign this? I'm trying to contribute something to a GPL project,
not trying to get sued. I actually thought this whole thing was meant
to enable Red Hat to fight the legal battles to keep open source open.
How does me becoming a party in that help anybody?

*) 'on account of a breach or alleged breach of the foregoing warranty.'
_If_ you convince me I need to indemnify anybody, you'll definitely
have to be less general about it. I can not do anything about anothers
actions. I will sooner write 'on account of a breach by me or
allegation by me of a breach of the foregoing warranty.'


I hope somebody can help me get this settled. I really would like
to be able to help cygwin become _even better_.

L8r,

Buzz. (IANALATEISMBSI)
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