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There's a big difference between GNU and Linux in terms of their collaboration. With the exception of GCC, most of the utilities you named have been maintained by a very small group of people.

GCC itself has definitely been inhibited by the copyright assignment. There have been a few different ports that were not upstreamed specifically because of the CLA. AVR32 and C6000 come to mind off the top of my head.




As far as I am aware, the only times contributions were not incorporated were because the work was done by under the terms of an employment contract with the result that the employer ended up owning the copyright, then the employer decided not to sign the CLA.

Can you think of a single instance in which code written by an individual contributor not bound by an employment contract was prevented from being incorporated into a project that required copyright be assigned to a central entity?

I have read multiple accounts of open-source contributors who have successfully negotiated when being hired that copyright to any code written on their own time on the own hardware will remain with them (so as not to complicate their contributions to open-source projects).


I'm not sure what your point is. The exceeding majority of the work done on these foundational projects has been done as works for hire. The issue isn't the relationship between Google and Coder Jane. Its between Google and Red Hat. Its between Google and Samsung.

Intel and ARM both collaborate on GCC and Linux all the time while being fierce competitors. Google, Canonical, Red Hat, etc all contribute to Linux while being fierce competitors.

But the only companies that contribute to Android and ChromeOS are device partners, and the partner contributions are far more limited in scope.


That is a significant limitation. A considerable amount of open source software is written while people are employed, as part of their work.


Sure, but no open-source project wants contributions by contributors who do not legally own the code because in that case the actual owner of the code can petition the court to issue an injuction on the project preventing further distribution of the code till the offending code is removed from the project. (They can also sue any user of the project for damages.)

Wikipedia has to worry about the same thing, BTW: contributors who upload text whose copyright is owned by some entity who never consented to the upload, and they have policies in procedures in place to correct it when it happens.

It's not like CLA's are the only obstacle to employees contributing to the open-source projects. In fact, you might say that the main purpose of a CLA is to surface copyright-ownership problems early, when the cost of correcting them is lower.


Copyright attestation is only one small element of a CLA. I have no problem with an attestation of ownership.


I think this is why samba refuses contributions from corporations:

https://www.samba.org/samba/devel/copyright-policy.html


I agree that no project wants that situation. But many projects are willing to accept the risk of it happening, and instead have reduced friction with no CLA.




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