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Comment by bunderbunder

7 years ago

Well, the permission exists to ensure that the contributions will be owned by the project and not anyone's employer.

If that permission isn't secured, though, and the employee has a contract with their employer that signs ownership of some or all of their off-hours work over to their employer, and the employer decides to try and exercise those rights, then it's anyone's guess who the real owner would be. Might vary by jurisdiction. Might be down to whether the open source project can afford to lawyer up in the first place.

Given all that, a FOSS project isn't unwise for asking for a permission slip. You could argue that it's being over-cautious, but that's the project maintainer's decision, and it deserves to be respected.

Contributions can be owned by employers and things still work. That's how Linux development works for instance, and the DCO is arguably a similar "permission slip" (though it mainly depends on the honour system with contributors just asserting they have the right to contribute). Some CLAs are very similar to the DCO (for instance, the Apache CLAs or the Google/Kubernetes ones).