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From "Dennis E. Hamilton (Commented) (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-104) Provide Terms of Use for openoffice.org Internet Domain Properties
Date Sun, 30 Oct 2011 23:49:32 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-104?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13139831#comment-13139831
] 

Dennis E. Hamilton commented on LEGAL-104:
------------------------------------------

Larry,

OK, (4) was just en passant and OT.

I think the appropriate action is to do (3) and simply remove the link to any ToU until we
have something better to use.

I would avoid (2) since we are talking about 3rd party works and the forums continue to be
entirely user-submitted content.  

We might do (2) on static web pages that have no contradictory notices.  This is going to
be like IP clearance, I think.

The trademark notice is safe enough as the feather and Apache name are added.  Should we say
anything about the OpenOffice.org name and symbol with gulls image that is still provided
on the pages?  I'm certain we want to keep that there for now.


                
> Provide Terms of Use for openoffice.org Internet Domain Properties
> ------------------------------------------------------------------
>
>                 Key: LEGAL-104
>                 URL: https://issues.apache.org/jira/browse/LEGAL-104
>             Project: Legal Discuss
>          Issue Type: Task
>            Reporter: Dennis E. Hamilton
>
> In August, Drew Jensen submitted information for replacing Terms of Use from OpenOffice.org:
> [1] http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201108.mbox/%3c1313314247.29323.33.camel@sybil-gnome%3e
> [2] http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201108.mbox/%3c1314288884.12962.15.camel@sybil%3e
> [3] http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201108.mbox/%3c1314292969.12962.27.camel@sybil%3e
> This is a renewal of that discussion, offering a specific markup of the existing ToU
as a suggested replacement when the same web pages are rehosted on Apache infrastructure.
> PROPOSAL
> It is proposed that a generic (but OpenOffice.org-specific) Terms of Use be employed
for all of the current OpenOffice.org web resources that are migrated to Apache hosting and
served via the openoffice.org Internet domain and subdomains.  These Terms are not applicable
to other web properties that are on apache.org domains, including other web pages for the
Apache OpenOffice.org podling development activities separate from the user-focused openoffice.org
web properties.  These Terms are proposed to be used for incubation of the rehosted OpenOffice.org
as part of the Apache OpenOffice.org Podling incubation.
> The proposal for review and further markup is available as a Bugzilla attachment on issue
#118518, <https://issues.apache.org/ooo/show_bug.cgi?id=118518>.  (The issue is there
because attachments are not supported here.)
> The approach is as follows:
>  1. The current Terms of Use, established by Oracle, are used as the basis for the re-hosting
Terms of Use.
>  2. The current Terms of Use text is modified, using revision marking, to change the
Host to ASF and to simplify the Terms in important respects:
>   2.1 The outgoing Terms for access are essentially the same.
>  2.2 The incoming Terms are simpler in that the only means for contribution of code is
via ALv2 (the current default with Oracle) and all other contributions are via a general permissive
declaration (the current default with Oracle).  Provision for alternative licenses on submissions
to some projects is removed and the project concept is also removed.  (This has nothing to
do with projects in the Apache sense.)
>  3. The effect is that the terms under which any previous submissions have been made
are honored (and will need to be dealt with via IP clearance, as appropriate) but new submissions
are limited to ALv2 for code and generic permissive for anything else.
>  4. Another effect is that the same Terms can be used on all openoffice.org web pages
that are rehosted on Apache infrastructure under the original openoffice.org domain.
> REQUESTED ACTION
>  5. Section 3d provides a URL as a place for notification of any copyright infringement
complaints (and, I presume, DMCA notices).  An ASF location for such communications or an
e-mail address needs to be supplied.  Alternatively, section 3d needs to be removed.
>  6. Renumbered section 4d provides a URL for a Privacy Policy statement.  An ASF location
for a Privacy Policy should be inserted or else the section deleted.
>  7. There are a number of notes and annotations in the text and review of those notes
and the modifications is requested.  
>  8. Approval of an adjusted text is requested.  It is moderately urgent so that staging
of current openoffice.org web properties to Apache custody can be carried out.

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