[TYPO3-team-core-v5] Contributor License Agreement

[Robert Lemke]

Hi Bernhard,

I think it's good that you question the CLA before signing it - I did so as well.

The motivation for having a CLA at all is that the TYPO3 project (represented by
the TYPO3 Association) should have the flexibility to publish TYPO3 under another
license in the future.

When we started with TYPO3 5.0 we discussed if we should license the code under
GPL v2, v3 or both. We also realized that if someone wants to use FLOW3 as a
framework, that might be a challenge because it would conflict with other
licenses (such as MIT). Therefore we publish FLOW3 under the LGPL.

Now, we can't be completely sure that these decisions are completely future
proof. In fact backporting code from FLOW3 to TYPO3 v4 (Extbase) was only
possible by dual-licensing the code: the TYPO3 project is allowed to distribute
FLOW3 code under the GPL as part of TYPO3 v4. 

I am sure that similar situations will come in the future and maybe we even need
 to switch to a completely new free software license if GPL gets out of fashion.

The problem with changing the license at a later stage is that we would have to
ask every past contributor for permission. That's practically impossible.
Therefore we ask all contributors to grant the TYPO3 Association the right to
change the license of TYPO3 at a later point in time.

However, TYPO3 must always be free. The TYPO3 Association cannot start to 
just sell TYPO3 licenses - it must not be "contrary to the public benefit or 
inconsistent with its nonprofit status and bylaws in effect at the time of 
the contribution."

There are some more advantages of such a CLA (contributors cannot be sued so
easily by users of TYPO3 if they infringe upon some patents.

Does that make sense for you?

Cheers,
robert

Am 04.08.2010 um 11:50 schrieb Bernhard Kraft:

> I have a few questions regarding the CLA (Contributor License Agreement).
> The CLA is one reason why I have avoided to get in contact with v5 until
> now. Recently I created my first two (currently non-public) extbase/fluid
> extensions, which work quite well.
> 
> Now I re-read the CLA and especially paragraph 3 is quite complicated for
> me to understand, as I am not an expert with patent law.
> 
> All public contributions I made to TYPO3 were licensed under the GPL, and
> I think I have read the GPL already a few times, in German and English. I
> do not see the reason for having an additional license I have to sign.
> 
> Almost all other software is fine with not having such an agreement. I know
> that Apache is one of the most widely used pieces of Open-Source software and
> also requires signing such an agreement. But for me as a programmer and
> non-lawyer it is rather complicated understanding why I have to sign a
> kind of contract.
> 
> I mean I am used to sign a contract when I rent a flat or buy a car.
> But until now I never had to sign a contract if I give something away
> for free. I mean if I spend money for greenpeace, etc. I accept their
> terms and conditions, which mostly tell me the money will be used for
> something senseful. But I have in now way a right to verify this or get
> my money back somehow (in most of the cases) ...
> 
> So I am just a little bit anxious about signing a CLA - I did not have to
> do this when I wanted to contribute before. I always put the GPL header in
> front of any work I made, and was most of the time conscious about what
> this means ...
> 
> 
> 
> greets,
> Bernhard
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