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From "William A. Rowe, Jr." <wr...@rowe-clan.net>
Subject Re: No NDAs? Or open TCKs?
Date Tue, 03 Jul 2007 04:23:50 GMT
Geir Magnusson Jr. wrote:
> On Jul 2, 2007, at 11:46 PM, William A. Rowe, Jr. wrote:
>> I think something got lost in the noise...
>> When we say "No NDA" we are asking as a matter of convenience to
>> not make individual open source project participants to be bound
>> to an NDA?
> I don't understand the question, but I'll try anyway - right now, if
> someone wants to use a TCK from Sun for an Apache project, we ask that
> they sign our NDA (it's between ASF and the person).
> You can read it here :
>   http://www.apache.org/jcp/ApacheNDA.pdf
>> But - are we OK with a specific TCK license which is closed, e.g.
>> would state "Licensed to developers of ASF software, irrespective
>> of their other affiliations, provided the use is limited strictly
>> to validation of development and implementations published through
>> the ASF"?
> Well, that's what we have.  But we ask people sign the NDA so that they
> can positively state they understand that the materials are not for
> redistribution, and we don't discuss the internals of using the tests or
> partial results on public lists.
> What I'd like to do is simply try to revert to a lighter restriction -
> people assert that they understand that the materials are only for use
> here, and we can talk about them on regular dev lists.
>> I think we are fine with the later.  We need no license to ship
>> a TCK outside of an ASF community, and no need to use it beyond
>> the community.  I believe we are only asking, as a matter of
>> principal, not to burden individual committers and PMC members
>> by filing NDA's.
> I'm fairly familiar with the issue :)  How do we hold people accountable
> if they do decide to use the TCK for their own commercial use, for
> example?  Sun may hold us accountable.  The NDA is, IMO, one way that we
> demonstrate that we're taking due care.

I guess I'm confused; everyone who joins the project, we hope, becomes
familiar with the LICENSE file and how to read one.  If they violate the
license, the ASF is at fault for their misuse?

If so, that's the construction of the agreement between Sun and the ASF
that needs to be remedied.  We take violations of our license seriously,
or of the GPL, or of a non-open license.  But we can't guarantee each
individual committer's behavior, whether they sign an NDA, or not.



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