To add to this thread, Benn, Leif, Roland (briefly), and I talked about
this at the end of the call we had with Michiel @ Commons Conservancy.
Here are notes from that discussion:
Can we find a way to collect the indication as to whether a person has
legally contributed code without a CLA?
Perhaps assemble a sample set of a small handful of institutions that we
expect we’d need to solve this with? Start with technical contacts to
get them to describe the roadblocks so we can clearly define the problem.
Design a low-touch solution, like a shrink-wrapped statement to the fact
that “by taking the next step, we assume that you have the authority to
contribute both historically and in the future” like the IETF Note Well.
If we start from the position that the employer owns the material, and
the employee may or may not have the authority the grant to use it or
even the ability to release it under the Apache license, what’s the
risk? Loss over IPR theft.
If Peter were to ask for confirmation that his interpretation that his
code contributions are ok, then it’s 50/50 as to whether it will be a
problem.
Roland is an example of having contributed code through three different
employers. His agreement was to basically agree to not talk about it so
that they could avoid get lawyers involved.
First next step, draft an IETF Note Well-like object (try to discuss @ I2GS)
Second step, need to ask Roland and Peter whether or not something like
the IETF Note Well would work for them.
Third step, take this back to the potential IPR home and see if they are
ok with this