[Owasp-leaders] Copyright statement recommendations

Jeff Williams jeff.williams at owasp.org
Fri Jun 24 17:58:38 UTC 2016


The problem definitely isn't the definition of "ZAP Development Team."

The current notice creates the presumption that ZAP is a joint work,
because it implies that authors have the intent to merge their
contributions into a unitary whole.  That sounds right for ZAP, but it's
actually probably the opposite of what you want.

The problem is that joint works are co-owned by all the authors. Meaning
that any of them can use or license the entire work however they want
without the consent of the other co-owners. Regardless of the project's
open-source license, a joint author could license other ways or sell
commercially.

There's not a great solution to this problem. You could try to call ZAP a
compilation or collective work, in which each author retains copyright to
their contributions, but the intent to form a unitary whole is, I think,
inarguable for ZAP and dispositive in the matter.

I suggest that the best approach is for all contributors to assign their
copyright for ZAP to the OWASP Foundation, who has committed via charter to
keep all materials free and open for everyone. The Apache ICLA doesn't
quite get to the real issue.

IANYL,

--Jeff

On Fri, Jun 24, 2016 at 10:08 AM, johanna curiel curiel <
johanna.curiel at owasp.org> wrote:

> Andrew
>
> Having a contributor agreement is quite different that defining who has
> the IP rights over ZAP.
>
> Right now, the IP rights are from a group defined as 'Copyright 2016 The
> ZAP Development Team', the first most important thing to do is define who
> is that team and who can be considered part of that team
>
> Creating an agreement between the ZAP developers team and a new/old
> contributor is between ZAP/Project dev team and that contributor.
>
> The ICLA you provided is quite different because is between the Apache
> foundation and contributors to apache projects. As stated right now , the
> owner of the ZAP code is the 'ZAP development team'
>
> The faster Simon can define clearly who can be considered the team, the
> better.
>
>
>
> On Fri, Jun 24, 2016 at 9:47 AM, Andrew van der Stock <vanderaj at owasp.org>
> wrote:
>
>> IANAL,
>>
>> The "Team" can be recognised if you have contributor agreements that
>> agree to hand over their (C) claim to the team, so that people don't feel
>> they add one line of code and feel they have the right to re-license the
>> code.
>>
>> e.g.
>> https://www.apache.org/licenses/icla.txt
>>
>> If you want us to follow this up with OWASP's legal beagles, please let
>> us know, but it will cost and take a bit.
>>
>> Andrew
>>
>> On Fri, Jun 24, 2016 at 9:00 PM, psiinon <psiinon at gmail.com> wrote:
>>
>>> Leaders,
>>>
>>> We've had some questions about the ZAP copyright statement we use in our
>>> code, which is now variations on:
>>> /*
>>>  * Zed Attack Proxy (ZAP) and its related class files.
>>>  *
>>>  * ZAP is an HTTP/HTTPS proxy for assessing web application security.
>>>  *
>>>  * Copyright 2016 The ZAP Development Team
>>>  *
>>>  * Licensed under the Apache License, Version 2.0 (the "License");
>>>  * you may not use this file except in compliance with the License.
>>>  * You may obtain a copy of the License at
>>>  *
>>>  *   http://www.apache.org/licenses/LICENSE-2.0
>>>  *
>>>  * Unless required by applicable law or agreed to in writing, software
>>>  * distributed under the License is distributed on an "AS IS" BASIS,
>>>  * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
>>> implied.
>>>  * See the License for the specific language governing permissions and
>>>  * limitations under the License.
>>>  */
>>>
>>> Is "The ZAP Development Team" a reasonable term to use, or is
>>> problematic as this is not a legal entity?
>>> We typically just give the year the relevant file was created, but
>>> should we use the range of years ZAP has been around (ie "2010-2016") and
>>> update every file every year?
>>> Any other thoughts or recommendations?
>>>
>>> Cheers.
>>>
>>> Simon
>>>
>>>
>>>
>>> --
>>> OWASP ZAP <https://www.owasp.org/index.php/ZAP> Project leader
>>>
>>> _______________________________________________
>>> OWASP-Leaders mailing list
>>> OWASP-Leaders at lists.owasp.org
>>> https://lists.owasp.org/mailman/listinfo/owasp-leaders
>>>
>>>
>>
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>>
>
>
> --
> Johanna Curiel
> OWASP Volunteer
>
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