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James Bottomley: The Community Corrosive Effects of CLAs

Submitted by Roy Schestowitz on Thursday 13th of May 2021 11:37:03 PM Filed under
Legal

As one of the kernel DCO advocates, I’ve written many times about using the DCO instead of a CLA for copyright and patent contributions under open source licences. In spite of my obvious biases, I’ll try to give a factual overview of the cases for the DCO and CLA system. First, it should be noted that both the DCO and any CLA are types of Contribution Agreements (a set of terms by which contributors are agreeing to be bound). It should also be acknowledged that the DCO is a far more recent invention than CLAs. The DCO was first pioneered by the Linux kernel in 2004 (having been designed by Diane Peters, then of OSDL) and was subsequently adopted by a broad range of open source projects. However, in legal terms, the DCO is much less well understood than a standard CLA type agreement between the contributor and some entity, which is largely the reason you find a number of lawyers still advocating for the use of CLAs in various open source projects: because they’d like to stick with something that has more miles on it, or because they’re invested in the older model of community, largely pioneered by Apache. The biggest problem today is that the operation of most CLAs is asymmetrical: they take from the contributor more rights than the open source code actually needs, so lets begin with a summary of each type of Contribution Agreement.

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