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Undraft the bylaws: IP Policy [due Oct 27] #178

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3 changes: 0 additions & 3 deletions policies/README.md
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---
status: draft
---
# Commonhaus Foundation Policies

The CF is committed to complying with all applicable laws and regulations related to nonprofit operations, intellectual property, employment, and other relevant domains.
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40 changes: 21 additions & 19 deletions policies/ip-policy.md
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---
status: draft
---
# Intellectual Property Policy

The Commonhaus Foundation (CF) supports individual projects (each, a “Project” and together, the “Projects”).
Expand All @@ -10,7 +7,8 @@ All new inbound code contributions to individual Projects are made pursuant to t
## License Selection and Usage

> [!TIP]
> CF supports a wide range of open source licenses to ensure projects can choose what's best for them. We’ll check these licenses, including for any software they rely on, to make sure everything works together without legal issues.
> CF supports a wide range of open source licenses to ensure projects can choose what's best for them.
> We’ll check these licenses, including for any software they rely on, to make sure everything works together without legal issues.

CF projects can use any [open source license approved by the Open Source Initiative](https://opensource.org/licenses/) (OSI).

Expand All @@ -33,21 +31,21 @@ The Project Documentation License can be any OSI-approved license or a Creative

## Contributions

> [!TIP]
> All code contributions must align with the project’s license and come with a promise (DCO) from contributors that they have the right to contribute under these terms.

All new code contributions to any Project shall be made under the Project Code License accompanied by a Developers Certificate of Origin (DCO, available at <http://developercertificate.org/>), which will bind the individual contributor and, if applicable, their employer to the Project Code License.
All new code contributions to any Project must be made under the Project Code License.
Contributions must be accompanied by either a Developer Certificate of Origin (DCO available at <http://developercertificate.org/>) or a Contributor License Agreement (CLA), as determined by the project’s technical governing body.
The DCO or CLA binds the individual contributor and, if applicable, their employer to the Project Code License.

The technical governing body of each Project may provide for additional requirements with respect to contributions. For example, a Project may require that new code contributions to a Project be accompanied by a signed Contributor License Agreement (CLA).
> [!TIP]
> All code contributions must align with the project’s license and come with a promise (DCO or CLA) from contributors that they have the right to contribute under these terms.

### Developers Certificate of Origin (DCO) or Contributor License Agreement (CLA)?

The DCO and CLA differ in their approach to intellectual property rights.

- A DCO is a straightforward way for contributors to assert their rights to submit work, typically through a declaration in the commit message.
- A CLA is a formal agreement that allows contributors to grant broader rights over their contributions to the project.
- A DCO is a straightforward method for contributors to assert their rights to submit work, typically through a declaration in the commit message.
- A CLA is a formal agreement that grants the project broader rights over the contributions.

While CLAs can offer projects flexibility in managing licenses and more control over contributions, DCOs favor ease of participation with a less formal mechanism for contribution.
While a CLA offers flexibility in managing licenses and greater control over contributions, a DCO facilitates ease of participation with a less formal mechanism for contribution.

## Intellectual Property Rights

Expand All @@ -57,7 +55,7 @@ While CLAs can offer projects flexibility in managing licenses and more control
General membership in the Commonhaus Foundation does not imply any license to a member's intellectual property.
Members grant no license to their intellectual property to the Commonhaus Foundation, except under the following conditions:
(a) their commitment to abide by this Policy, the applicable Project Code License(s), and the applicable Project Documentation License(s) for their contributions to any Project; and
(b) any applicable contributor license agreement.
(b) any applicable Contributor License Agreement.

## Implementing the IP Policy

Expand All @@ -70,12 +68,14 @@ Project leaders should ensure compliance with this policy and provide clear guid
## Collaborations and External Projects

> [!TIP]
> Always check and follow the license rules of any external open source projects we interact with.
> Always check and follow the license rules of any external or upstream open source projects used by Foundation projects.
> If an upstream project uses a non-OSI license, the [CF Council (CFC)][cfc] can approve exceptions if needed.

Engaging with external open source projects requires awareness and respect for their licensing terms to ensure our contributions are legally compatible. This ensures our projects can seamlessly integrate or collaborate with these external projects without infringing on their or our license terms.
Engaging with external open source projects requires awareness and respect for their licensing terms to ensure our contributions are legally compatible.
This ensures projects can seamlessly integrate or collaborate with these external projects without infringing on their or the Foundation's license terms.

When collaborating with external open source projects ("Upstream Projects") conform to all license requirements of the Upstream Projects, including dependencies, leveraged by the Project. If an alternative inbound or outbound license is required for compliance with the license for an Upstream Project or is otherwise required to achieve the Commonhaus Foundation’s, or an individual Project’s, objectives, the CFC may approve the use of an alternative license for inbound or outbound contributions on an exception basis.
When collaborating with external open source projects ("Upstream Projects"), conform to all license requirements of the Upstream Projects, including dependencies leveraged by the Project.
If an alternative inbound or outbound license is required for compliance with the license for an Upstream Project or is otherwise required to achieve the Commonhaus Foundation’s, or an individual Project’s, objectives, the CFC may approve the use of an alternative license for inbound or outbound contributions on an exception basis.

### Copyright Statements

Expand All @@ -90,17 +90,19 @@ If your project wants to add copyrights to source code, we recommend one of the
Updating the year after the file is created is unnecessary.

> [!NOTE]
> Do not alter existing copyright lines unless you have the right to do so.
> Do not alter existing copyright statements unless you have the right to do so.

## Obtaining an Exemption

If this IP Policy doesn't cater to your project's needs, request special permission from the CFC.

To request an exemption, send an email to the [`council` mailing list][CONTACTS.yaml]. Further instructions will be provided based on the specifics of your request.
To request an exemption, send an email to the [`council` mailing list][CONTACTS.yaml].
Specific instructions will be provided based on your request.

## Review of Policy

This policy will be reviewed periodically to ensure it remains relevant and effective. Amendments or changes to this policy will follow the [amendment process][].
This policy will be reviewed periodically to ensure it remains relevant and effective.
Amendments or changes to this policy will follow the [amendment process][].

For questions or clarifications on this policy, please send an email to the [`legal` mailing list][CONTACTS.yaml].

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