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post-merge review suggestions from talniv
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mlinksva committed Nov 2, 2016
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Expand Up @@ -67,7 +67,7 @@ Most projects never need to change licenses. But occasionally circumstances chan

**Your project's existing copyright holders.** If you're the sole contributor to your project then either you or your company is the project's sole copyright holder. You can add or change to whatever license you or your company wants to. Otherwise there may be other copyright holders that you need agreement from in order to change licenses. Who are they? People who have commits in your project is a good place to start. But in some cases copyright will be held by those people's employers. In some cases people will have only made _de minimis_ contributions, but there's no hard and fast rule that contributions under some number of lines of code are not subject to copyright. What to do? It depends. For a relatively small and young project, it may be feasible to get all existing contributors to agree to a license change in an issue or pull request. For large and long-lived projects, you may have to seek out many contributors and even their heirs. Mozilla took years (2001-2006) to relicense Firefox, Thunderbird, and related software.

Alternatively, you can have contributors agree in advance (see below) to certain license changes under certain conditions, beyond those allowed by your existing open source license. This shifts the complexity of changing licenses a bit. You'll need more help from your lawyers up front, and you'll still want to clearly communicate with your project's stakeholders when executing a license change.
Alternatively, you can have contributors agree in advance (via an additional contributor agreement, see below) to certain license changes under certain conditions, beyond those allowed by your existing open source license. This shifts the complexity of changing licenses a bit. You'll need more help from your lawyers up front, and you'll still want to clearly communicate with your project's stakeholders when executing a license change.

## Does my project need an additional contributor agreement?

Expand All @@ -82,7 +82,7 @@ Some situations where you may want to consider an additional contribution agreem
* Your lawyers want all contributors to expressly accept (_sign_, online or offline) contribution terms, perhaps because they feel the open source license itself is not enough (even though it is!). If this is the only concern, a contributor agreement that affirms the project's open source license should be enough. The [jQuery Individual Contributor License Agreement](https://contribute.jquery.org/CLA/) is a good example of a lightweight additional contributor agreement. For some projects, a [Developer Certificate of Origin](http://developercertificate.org/) can be an even simpler alternative.
* Your project uses an open source license that does not include an express patent grant (such as MIT), and you need a patent grant from all contributors, some of whom may work for companies with large patent portfolios that could be used to target you or the project's other contributors and users. The [Apache Individual Contributor License Agreement](https://www.apache.org/licenses/icla.txt) is a commonly used additional contributor agreement that has a patent grant mirroring the one found in the Apache License 2.0.
* Your project is under a copyleft license, but you also need to distribute a proprietary version of the project. You'll need every contributor to assign copyright to you or grant you (but not the public) a permissive license. The [MongoDB Contributor Agreement](https://www.mongodb.com/legal/contributor-agreement) is an example this type of agreement.
* You think your project will need to change licenses over its lifetime and want contributors to agree in advance to such changes.
* You think your project might need to change licenses over its lifetime and want contributors to agree in advance to such changes.

If you do need to use an additional contributor agreement with your project, consider using an integration such as [CLA assistant](https://github.com/cla-assistant/cla-assistant) to minimize contributor distraction.

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