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From "Noel J. Bergman" <n...@devtech.com>
Subject RE: Company Acknowledgements [was :Re: [HiveMind] 1.0 Beta]
Date Wed, 05 Nov 2003 16:05:10 GMT
> Did I have the right to do [develop HiveMind on WebCT's time]?
> At the time, I was 100% certain I did ...

No one is suggesting that you didn't act in good faith, Howard.  What is
making a mountain out of a molehill is your apparent unwillingness to
involve the proper channels in the process.  A simple note from you that you
are discussing the situation with the Jakarta PMC and/or ASF Board would
curtail the dicussion here.

> WebCT and I disagree on this issue and it is, to my mind, debatable
> (everything in HiveMind can be traced back to specific ideas already
> present in Tapestry even before my joining WebCT).

They paid for your time to develop at least some of the code.  The ideas may
not be theirs, but the copyright is another matter.  Fortunately, as you
say, they appear inclined to settle any question by assigning the copyright
to the ASF.

> Fortunately, nobody wants to debate it. Everyone involved wants the
> code to stay at the ASF, with an ASF copyright, under the ASL.

If they are willing to do that, great.  But if they want something in
return, you are not able to legally represent the ASF, so you've be asked to
involve those who can for guidance about what is acceptable.

> So, what would you propose? Strip HiveMind out of the sandbox CVS?
> Track down any backup mirrors and erase them?  Kidnap its users
> and brain wash them?

No.  Once again, this situation will hopefully resolve itself
satisfactorily.  But you still have an obligation under the CLA, and you
still are not a legal ASF representative.  When it comes down to it,
whatever you agree with WebCT will still need to be accepted by the
Foundation.

The only thing that had been requested was that you inform the Foundation of
the situation, as per paragraph 4 of the CLA:

  "You agree to notify the Foundation of any facts or
   circumstances of which you become aware that would
   make Your representations in this Agreement
   inaccurate in any respect."

In this case, WebCT called paragraph 3 into question, although they are
willing to negotiate to resolve the problem.

	--- Noel


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