This policy defines the matters of copyrights and patent rights concerning the open source software (the “OSS”), which is created or utilized by ZOZO, Inc. and its subsidiaries (collectively, the “Company”), and their employees (the “Employees”).
The OSS Management Organization shall create and manage this document and shall revise its contents when necessary. In addition, this document shall be published in accordance with the Creative Commons Zero (the “CC0”) and shall be dealt with in accordance with the CC0 license.
In the case of a discrepancy between the Japanese version and the English version of this policy document, the Japanese version shall prevail.
Today, OSS and its related activities have become indispensable to companies that provide value in software. Large numbers of OSS are also utilized in the Company’s products and services, and the Employees have increasing opportunities for OSS-related activities both in business and private life.
The primary purpose of this policy is to support the Company and the Employees so that OSS-related activities can be carried out without imposing a significant burden. For that purpose, the OSS Management Organization shall set forth matters concerning copyrights and patent rights of the Company, the Employees, or others.
The second purpose of this policy is to set forth provisions necessary for the Company to be a good member of the open source community. For the second purpose, the OSS Management Organization shall set forth a policy on dealing with license breaches and an obligation to report bugs of other OSS found by the Employees.
The copyright of the source code and related documents, developed by the Employees, shall be set forth as below:
The copyright shall primarily belong to the Employees if the works created by the Employees do not fall into the following:
- works that include the confidential information of the Company; or
- works that were developed based on explicit instructions or approval by the superior.
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The Employees shall file an application to the OSS Management Organization for the copyright transfer subject to being disclosed as OSS and may obtain the copyright from the Company upon its approval.
(The OSS Management Organization may approve or refuse such application in accordance with the provisions of the OSS Publishing Guidelines separately prescribed.)
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In the event that the Employees incorporate the copyrighted works developed by the Employees in business into the OSS products owned by the Employees, the copyrights shall be deemed transferred from the Company to such Employees notwithstanding the procedures of the preceding paragraph.
The Employees shall publish the OSS owned by the Company in accordance with the following provisions.
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The Employees shall publish the OSS only in the source code management system, where the Company has permitted the Employees to publish the OSS.
(The details of the above-mentioned source code management system shall be set forth separately in the OSS Publishing Guidelines.)
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In the above-mentioned repositories, the Employees must promptly deploy the files relating to copyrights, OSS licenses, disclaimers, etc.
(The contents of the files to be deployed shall be subject to the provisions of the OSS Publishing Guidelines separately prescribed.)
The Employees shall publish the contents of the existing private repository in accordance with the following provisions.
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The Employees must file an application to the OSS Management Organization and obtain its approval.
(The procedure for such approval shall be set forth separately in the guidelines.)
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Prior to filing an application, the Employees must deploy the files relating to copyrights, OSS licenses, disclaimers, etc. in the repository.
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After obtaining the approval, the Employees shall transfer the repository to the source code management system, where the Company has permitted the Employees to publish the OSS, and publish the repository as the OSS owned by the Company.
If it is deemed necessary to change the license of the OSS owned by the Company, the Employees may change such license to the extent necessary in accordance with the following provisions.
(As for changing the OSS license, the Employees shall pay attention to external communication such as consideration for contributors because of the reputation risk associated with such change.)
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The Employees must file an application for changing the OSS license to the OSS Management Organization and obtain its approval.
(The Employees must file an application in which the changed OSS license and the reason for the license change are clearly specified.)
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After obtaining the approval, the Employees shall update the OSS license file.
In the case of moving the OSS repository owned by the Company, the Employees can move such repository at their own discretion only within the source code management system, where the Company has permitted the Employees to publish the OSS.
(As for moving the OSS repository, the Employees shall pay attention to external communication such as providing the proper instructions for the new repository location.)
The Employees shall stop publishing the OSS owned by the Company in accordance with the following provisions.
(As for stopping publishing the OSS, the Employees shall pay attention to external communication because of the reputation risk, same as changing the OSS license.)
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The Employees must file an application to the OSS Management Organization and obtain its approval.
(The Employees must file an application in which the reason for stopping publishing the OSS owned by the Company is clearly specified.)
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After obtaining the approval, the Employees shall stop publishing such OSS repository.
In the event that the Employees of the Company modify the source code and publish it for the purpose of adding new functions to or fixing bugs in the OSS on which others have the copyright, the Employees must publish the source code in accordance with the following provisions.
- The Employees shall apply the same license as the original OSS, except as set forth in the following provision “2 Signing the Contributor License Agreement”.
- The Employees shall not use the trademarks of the Company, except for the reference to differentials.
- The Employees shall not permit enforcing patents of the Company, except for patents utilized in differentials.
- Do not include confidential information belonging to the Company.
If you are required to sign and agree to the Contributor License Agreement (the “CLA”), the Employees may sign and agree, on behalf of the Company, to the CLA as set forth in the “list of the CLA which can be signed” separately prescribed. Regarding the CLA which is not in the “list of the CLA which can be signed”, the preceding sentence shall apply if the following conditions are satisfied.
- The Employees shall not use the trademarks of the Company, except for the reference to differentials.
- The Employees shall not permit enforcing patents of the Company, except for patents utilized in differentials.
- In addition to the above paragraphs, the Company and the Employees who sign the CLA have no liability other than those related to the joint ownership of the source code copyright with the other party of the CLA.
In the event that the Employees of the Company modify the source code for the purpose of adding new functions to or fixing bugs in the OSS on which others have the copyright, the Employees shall be allowed to conduct the procedure on behalf of the Company and transfer the copyright of such source code to such organizations as set forth in the “the list of organizations to which copyright is transferred” separately prescribed.
As for publishing the OSS, signing and agreeing to the CLA, and the procedure of transferring the copyright, not prescribed in the preceding paragraph, the Employees shall file such application to the OSS Management Organization and shall follow the OSS Management Organization’s instructions.
The Employees shall utilize other OSS, or change it, or distribute it to third parties in accordance with the following provisions. The details of such utilization and using other OSS (such as executing it in the Company’s environment and compiling its source code) shall be set forth separately in the OSS Usage Guidelines.
The Employees shall confirm the licenses of other OSS in accordance with the following provisions.
- The usability of licenses listed on the OSS License Evaluation Sheet shall be judged accordingly.
- For licenses not listed on the OSS License Evaluation Sheet, the employee shall check the license with their own team and then consult the OSS Management Organization.
The Employees must contain copyright notice, disclaimer, license document, etc. to utilize other OSS, in accordance with licenses of other OSS and the OSS Usage Guidelines.
If the Employees find bugs in other OSS, they shall endeavor to promptly report such bugs.
As for the OSS owned by the Company, other OSS provided by third parties must be incorporated into the OSS owned by the Company after obtaining the signature and the consent to the Company’s CLA.
(The Company’s CLA shall be set forth separately in the OSS Publishing Guidelines.)
- Anyone who breaches the OSS licenses of the Company shall lose such license.
- Upon the discovery of the facts constituting the breach of the OSS licenses of the Company, the Company shall give such breaching person notice to remedy such breach in the manner assigned by the Company.
- Except for flagrant breaches, if the breach has been remedied within sixty (60) days from the date of such notice, the Company shall not pursue any responsibilities of the breaching person and shall allow such person to utilize the OSS owned by the Company.
- When the Employees discover the facts constituting the OSS license breaches within the Company, they must promptly report such facts to the OSS Management Organization.
- After receiving such report, the OSS Management Organization shall promptly confirm the facts constituting the OSS license breaches and take measures to remedy such breaches.
OSS activities, including contributions to external OSS, development of personal OSS, and community support shall be admitted as business work.