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From "Dennis E. Hamilton (Created) (JIRA)" <j...@apache.org>
Subject [jira] [Created] (LEGAL-104) Provide Terms of Use for openoffice.org Internet Domain Properties
Date Mon, 17 Oct 2011 04:34:13 GMT
Provide Terms of Use for openoffice.org Internet Domain Properties
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                 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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