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From "Lawrence Rosen (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-168) Apache Third-Party IP Policies
Date Tue, 11 Jun 2013 21:58:20 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-168?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13680740#comment-13680740

Lawrence Rosen commented on LEGAL-168:

"DMCA Safe Harbor Provisions"

This issue relating to third party intellectual property is summarized well here: 


ASF is potentially liable under this complex DMCA law *unless* we take some simple steps.
Nothing has been done to take care of this. 



I copy below an earlier email to this list on 5-Apr-2013 between Larry Rosen and Aaron Williamson:

> 2. You recommend that we designate a DMCA agent for ASF. EFF 
> designates Corynne McSherry, one of their in-house counsel. Apache 
> isn't structured like EFF. To make sure that we always provide the 
> required timely responses to copyright infringement notices that are 
> not dependent upon volunteers with vacation schedules and babies, 
> would you allow us to designate you (at SFLC) as our designated 
> agent? 

I'm not sure designating SFLC is the best way to go, since it would necessarily introduce
an additional stop before the notification reached someone with the capacity to actually act
on it. It's common practice to use an alias such as 'dmca@apache.org' for incoming notifications.
If you're concerned about notifications always reaching a responsible party, you could have
mail to this alias directed to several ASF members simultaneously.

> 3. When we're ready, will you volunteer to file the appropriate forms 
> with the US Copyright Office to qualify ASF for the DMCA safe harbor provisions?

Yes, that's fine.

> Apache Third-Party IP Policies
> ------------------------------
>                 Key: LEGAL-168
>                 URL: https://issues.apache.org/jira/browse/LEGAL-168
>             Project: Legal Discuss
>          Issue Type: Question
>            Reporter: Lawrence Rosen
> I'd like to help the Apache community to discuss Apache Software Foundation policies
regarding contributions of copyrighted works from third parties in order for us to publish
them at the Apache website. 
> This discussion is now scattered among many JIRA issues and email archives. For example,
a recent thread here reconstructed my own correspondence about this to the legal-discuss@
list in 2005 -- and then misinterpreted what I'd said then. So I want this new JIRA issue
where I am free to say what I want when I want to say it, without obstruction from issue-jumpers
and list-jumpers around here who try to discourage coherent arguments.
> I'll probably be wrong in some of what I say. I will sign my own comments here and I
will read (and perhaps respond to) any comments from anyone who signs his or her name here
also. I will particularly welcome comments from the attorneys on this list, at least those
who aren't too cowardly or too busy to speak up. If you don't enjoy legal controversy, don't
read this JIRA thread.
> Best regards,
> /Larry
> P.S. More to come....

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