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Statement on changed relations between the FSFE and Kern Sibbald

on:

Since 2006, the FSFE has been the fiduciary for the copyrights held by developers in the Bacula.org software, on the basis of a Fiduciary License Agreement (FLA) and Memorandum of Understanding signed between Kern Sibbald and the FSFE on the 15th of November 2006

Being the fiduciary means that the FSFE has had the authority to act on matters of copyright infringement in Bacula.org software, as well as provide guidance on licensing matters to the project.

Effective the 6th of March 2015, the FLA between Kern Sibbald and FSFE has been terminated at the request of Kern Sibbald. The FSFE is committed to ensuring to the best of its ability that Bacula.org software remains Free Software, and can only regret that Kern Sibbald in this way chose to terminate the FLA.

Any contribution made to Bacula.org software after the 6th of March 2015, which was previously covered by this FLA, either directly or by an FLA or copyright assignment signed with Kern Sibbald, is now no longer assigned to the FSFE as the fiduciary.

At this time, FLAs which have been signed directly between a Bacula.org contributor and the FSFE remain unaffected. FLAs or copyright assignments specific to the Bacula Enterprise Version of the software signed directly with Bacula Systems or Kern Sibbald are also not affected, as they are excluded from the agreement between Kern Sibbald and the FSFE.

Due to there being multiple version of copyright assignments and FLAs in effect, and many other parameters to take into account, the exact implications of this termination may vary between individuals.

Should you have questions in relation to this termination or how it affects you, the FSFE has setup a contact point dedicated to answering these questions. You can address your questions to: fla-bacula@fsfeurope.org

The FSFE is working with Kern Sibbald and its own legal counsel to address any questions or concerns that are raised in relation to this.

If you are a developer who has contributed to Bacula, we recommend that you look at what FLAs or copyright assignments you have agreed to, and make sure that you fully understand how this termination affect you. If you are not sure, you are welcome to email us and we will do our best to assist you. Please take a look at our FAQ on this issue first.