On CLAs, DCOs, and pinky swears

Recently, Van Lindberg decided to kick over a hornets’ nest on Twitter:

I don’t think either of them particularly change the risk profile to the end user of a project. Both a contributor license agreement (CLA) and developer certificate of origin (DCO) depend on the contributor asserting something that is correct. In my experience, the most common issue is a developer submitting code they can’t. This could be because they’re reusing code under an incompatible (including proprietary) license.

Another possibility is that they are not the copyright owner. This can be the case when contributing as part of a job or while using their employer’s resources. Van suggests that a CLA helps prevent this because it passes through the contributor’s employer’s legal department. That strikes me as naÏve. Most contributors, I suspect, will sign the CLA on their own without consulting anyone else.

Fundamentally, CLAs and DCOs depend on contributors understanding enough about intellectual property to ensure their contributions are valid. Neither mechanism is particularly effective at that.

This doesn’t mean they’re useless. My 2018 Opensource.com article gives more information on that.

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