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From TJ Frazier <>
Subject Re: PLEASE STOP " RE: svn commit: r795631 - in /websites/production/openofficeorg:
Date Tue, 13 Sep 2011 10:39:15 GMT
Hi, Dennis,

On 9/12/2011 22:37, Dennis E. Hamilton wrote:
> I want to connect some dots between terms-of-use and licenses.
> The terms-of-use, such as<>, linked at the bottom
of the pages do not provide a license to those pages.  The terms of use provide
disclaimers on behalf of the host and set conditions that apply to contributions that might
be made by an user of the site.  But the presence of the terms of use on the bottom of a page
is independent of whether or not the page in question is partly or entirely such a contribution.
 I expect that the same would be true for any terms-of-use that Apache provides on the bottoms
of web pages that are produced as part of Apache projects.
> The fact that the check-out of the version-controlled form of (most of) those pages via
SVN does not carry any notices does not mean they are not under someone's copyright.  There
is also no indication of them being under any license such as that described in [1:<>],
> Now, I don't think anyone (or at least, not a lot of anyones) will be disturbed to see
us preserving the site and its operation, as well as incubating the site into
a form that aligns with the incubation of the development process and production of more releases.
 Even if the site is not covered by the SGA, I doubt that there will be a problem so long
as there is deliberate care and accountability for the origin of the material.
> My appeal on this thread is for our exercise of due care in making that transition, and
respecting the concerns of the ASF for how that is done and any specific determinations that
are made by the legal folks.
> I have other concerns in how a safe landing of is achieved, as I am sure
others have as well.  Nevertheless, this thread and my specific concrete concern here is solely
about substitution of terms and addition of copyright and license notices on materials as
served from web sites, particularly without any legal review.  (The branding issue is an interesting
separate matter.  I hope there are ways to mitigate that for material that did not originate
in the podling.)
>   - Dennis

Ah! I think the penny finally dropped. Are you confusing the wiki 
content with the web content?

Admittedly, the ownership and license situation on the wiki is 
troublesome. With anyone able to sign up and start writing ...

OTOH, the web pages are and always were under a CMS, with write-access 
limited to something very like "committers". Absent information to the 
contrary, it is entirely reasonable to assume that the authors were 
Sun/Oracle employees, doing their jobs. Hence, the only question for 
legal is whether that content was included in the SGA, which it should 
have been. Note that when Oracle took over, their legal staff had no 
problem with the re-branding (<sarcasm> "Oracle pwns you!" </sarcasm>) 
that Oracle did.

In short, we do not have a problem here.

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