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From "Noel J. Bergman" <>
Subject RE: Company Acknowledgements [was :Re: [HiveMind] 1.0 Beta]
Date Mon, 03 Nov 2003 19:11:17 GMT

> There was an even earlier post, to Jakarta General, concerning this
> of IP.  I maintain, due to the volume of code and concepts that were
> out of (or adapted out of) Tapestry that WebCT would not win any kind of
> legal challenge to the ownership of the IP ... but it would be murky,
> on my employment with them overlapping the development. The point is, by
> making them happy, the IP, ownership, copyright, etc., will be clearly
> by the ASF which is in the best interests of myself, the HiveMind project,
> the ASF and WebCT.

Clearing up the IP issues to the satisfaction of all parties is certainly
the desired goal, but in my opinion, IP issues concerning code in the ASF
CVS ought to be brought to the attention of the appropriate PMC and the
Board.  I don't believe that IP issues related to code in the ASF CVS are
something for an individual Committer to negotiate without notifying the
responsible entities within the Foundation, and providing them with the
opportunity to at least provide oversight and guidance.

	--- Noel


> > I've been trading drafts of the proposal and I think they are
> > on the right track. I suspect we'll be going forward soon --
> > possibly today.
> I can't find in the archives where you've made the Jakarta PMC or the ASF
> Board aware of this specific incident.  When IP ownership issues arise on
> project, as you made this project aware on October 22
> it seems to me that either the PMC and/or the Board
> ought to be directly brought into the loop.  As you said, "fortunately,
> nobody's out to cause trouble", but it could easily have gone the other
> (and it isn't resolved, yet).
> Robert Leland made the same comment to you on October 27th, about
> some guidance from the Foundation.  Corporate software grants, such as the
> one with BEA for XMLBeans, are certainly do-able.  But for a PMC and the
> Board to ensure proper oversight within a TLP and across the ASF,
> respectively, they need to be made aware of when problems such as this one
> arise.
> 	--- Noel

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