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From Toki <toki.kant...@gmail.com>
Subject Re: Is a Software Grant Agreement always needed for IP Clearance?
Date Sat, 19 Apr 2014 22:08:38 GMT
On 4/5/2014 8:08 AM, Rob Vesse wrote:

>entirely by myself though obviously Cray holds the copyright.

That little datapoint is not obvious at all.

Whether or not that is the case depends upon the specific wording of 
your contract with Cray, your legal jurisdiction, Cray's legal 
jurisdiction,
which statutes reflecting copyright and employment issues take 
precedence, and how case law, if applicable, affects those statutes, 
contracts, etc.

>In this scenario is a SGA actually needed to carry out IP Clearance of the contributed
code or are the existing ICLA and CCLA sufficient?

I'd suggest what is arguably the most conservative position possible.

Show a clear chain of evidence showing who the legal copyright owner of 
the contributed code is.
File an SGA for the IP Clearance of the contributed code.
Treat both the ICLA and CCLA as after-the-fact supplemental permissions.

I am not a lawyer. This is not legal advice.

jonathon




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