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From Benson Margulies <bimargul...@gmail.com>
Subject Re: KC-46 ATS Air Force Program
Date Tue, 18 Sep 2012 22:29:30 GMT
On Tue, Sep 18, 2012 at 6:06 PM, Lawrence Rosen <lrosen@rosenlaw.com> wrote:
> Folks,
>
>
>
> Several US government purchasing agents have previously held a misconception
> about the indemnity provisions in the Apache license. That problem was
> resolved many months ago (perhaps on license-discuss@ but I don’t recall
> exactly??) through discussions with relevant attorneys. The Apache License
> *is not*a problem. (Can someone here scan the archives for that?)

My semi-cooked mental boilerplate for a response in a case like this
absolutely does not mention this issue at all. The correct response, I
think, is to explain what the ASF is, reiterate that our products are
freely available, and offer to communicate with someone if there is
some substantial topic of concern. The person with the job of sending
this stuff out is not the person you want to get into it with.


>
>
>
> I note that it is too late to respond to Ms. Gaines by COB 9/17. If anyone
> from Apache responds, though, please don’t mislead her into thinking the
> Apache License indemnification provision is a concern to the US government.
> It is now just an urban myth.
>
>
>
> /Larry
>
>
>
> Lawrence Rosen
>
> Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)
>
> 3001 King Ranch Rd., Ukiah, CA 95482
>
> Office: 707-485-1242
>
>
>
> From: Ted Dunning [mailto:ted.dunning@gmail.com]
> Sent: Tuesday, September 18, 2012 7:28 AM
> To: legal-discuss@apache.org
>
>
> Subject: Re: KC-46 ATS Air Force Program
>
>
>
> To the content of the question, it appears that the problem is that the ASL
> declaims liability which is apparently unacceptable.
>
>
>
> Boeing probably has to remove subversion from the proposal in that case,
> because there is no way to change the license, especially in the crazy time
> frame of COB yesterday.
>
> On Tue, Sep 18, 2012 at 7:22 AM, Upayavira <uv@odoko.co.uk> wrote:
>
> Mark,
>
> If possible, please keep your responses more civil - they will be taken
> as representative of the ASF by some. Whilst I can understand your
> umbrage, if she has been given a list of 'companies' to contact, she is
> just doing her job, and there's no reason to assume that she should know
> anything about who the ASF is or how its mission differs from the normal
> motivation of making lots of money.
>
> If someone comes to us with an unreasonable request, I'd hope we can
> simply explain to them why it is unreasonable, and move on.
>
> Thanks,
>
> Upayavira
>
>
> On Mon, Sep 17, 2012, at 10:05 PM, Mark Struberg wrote:
>> sorry
>>
>> s/non profit company/non profit organisation/
>>
>>
>>
>> ----- Original Message -----
>> > From: Mark Struberg <struberg@yahoo.de>
>> > To: "legal-discuss@apache.org" <legal-discuss@apache.org>
>> > Cc:
>> > Sent: Monday, September 17, 2012 11:02 PM
>> > Subject: Re: KC-46 ATS Air Force Program
>> >
>> > Just a minor comment from the kitchen sink...
>> >
>> >
>> > Is this a hoax or just a joke?
>> >
>> > If neither, then I think you are the wrong person to cast this request.
>> >
>> > The Apache Software Foundation and it's License, the Apache License,
>> > Version
>> > 2.0 (ALv2) [1] is all about FREE and OPEN Source. We are a non profit
>> > company
>> > and do NOT sell anything. As such there is just no business for a
>> > 'purchasing agent'.
>> >
>> > Oh, the timeframe. Well, indeed this looks even more like a joke. At
>> > least it
>> > doesn't look like serious business...
>> >
>> > If I ask Boeing to change it's fundamental company guidelines in just
>> > under
>> > 12 hours, would you think that is possible somehow? No? Well, what shall
>> > I say?
>> >
>> >
>> > Thus what do you really like from us? Exactly: which paragraph should
>> > not be
>> > fine with which law?Please come to the point and don't waste our time
>> > with
>> > pre produced standard letters.
>> >
>> >
>> > LieGrue,
>> > strub
>> >
>> >
>> > PS: The ALv2 is good enough for 1000++ NATO, NASA and other government
>> > projects
>> > in the US and worldwide. Including the now famous Mars rover. Why
>> > shouldn't
>> > it be good enough for Boeing as well?
>> >
>> > PPS: not sure if you are aware that this is a public mailing list which
>> > gets
>> > mirrored by hundreds of mail archive mirrors worldwide ...
>> >
>> > PPPS: don't take this email personal. I just reflected the harshness of
>> > your
>> > incoming email/docs.
>> >
>> >
>> > [1] http://apache.org/licenses/LICENSE-2.0
>> >
>> >> ________________________________
>> >>  From: "Gaines, Jeanette R" <jeanette.r.gaines@boeing.com>
>> >> To: "legal-discuss@apache.org" <legal-discuss@apache.org>
>> >> Sent: Monday, September 17, 2012 9:14 PM
>> >> Subject: KC-46 ATS Air Force Program
>> >>
>> >>
>> >> From:Gaines, Jeanette R
>> >> Sent: Monday, September 17, 2012 1:29 PM
>> >> To: 'legal-discuss-subscribe@apache.org'
>> >> Cc: Svejkosky-Jr, Joseph L; Kuhlmann, Louise M
>> >> Subject: KC-46 ATS Air Force Program
>> >>
>> >> Apache Software Foundation Legal Representatives:
>> >> Please see the attached urgent request. Let me know if you have any
>> > questions.
>> >> Please provide a fully compliant response by COB today, Monday,
>> >> September
>> > 17, 2012.
>> >> Thank you,
>> >>
>> >>
>> >> Jeanette (Jan) R. Gaines
>> >> Purchasing Agent
>> >> jeanette.r.gaines@boeing.com
>> >> 314.777.0738
>> >>
>> >> ---------------------------------------------------------------------
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>> >> For additional commands, e-mail: legal-discuss-help@apache.org
>> >>
>> >>
>> >
>> > ---------------------------------------------------------------------
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>> > For additional commands, e-mail: legal-discuss-help@apache.org
>> >
>>
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>
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