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From Niclas Hedhman <nic...@hedhman.org>
Subject Re: Apache's Third Party Licensing Policy
Date Wed, 30 Oct 2013 01:06:15 GMT
As for LEGAL-179; Apache PMCs are just as lazy as all the rest of us. If
they see a specification with this dual licensing set up, and W3C Document
License is on the "Ok list", they won't raise any request about it. My
question then is; Will that project's choice of W3C Document License
propagate to downstream users, or will such downstream users be able to
claim CC-BY for the specification combined with the ALv2 of the code
itself??
If so, then really, there is no problem at this point. If not, then really,
there should at least be an inventory of whether any project is, or will
soon be, affected.

-- Niclas


On Tue, Oct 29, 2013 at 11:17 PM, Lawrence Rosen <lrosen@rosenlaw.com>wrote:

> Dear Apache Members,****
>
> ** **
>
> Certain board members accuse me of using the board@ list unreasonably to
> argue that board officers are not acting appropriately regarding certain
> legal issues:****
>
> ** **
>
> > Larry is abusing his privilege to interact on this list.  I suggest we *
> ***
>
> > all decline to respond further.****
>
> ** **
>
> I will honor their request, but instead I will take this to legal-discuss@(a public list)
and members@(an internal list).
> ****
>
> ** **
>
> In particular, I made this request which the Board has refused to respond
> to:****
>
> I challenge you to find anywhere on our website the written "policy" that
> Sam invoked to delay a decision about this and other third party license
> issues that I raised in LEGAL-179 /and/ several previous JIRA issues.
> "Policy" DOES NOT MEAN "the VP of Legal Affairs decided". You should quit
> inventing policy as you go along.****
>
> Can anyone else among our members please help us find authority for these
> actions by the VP of Legal Affairs? I've never seen that officer's actual
> role described, certainly not in any way that would provide written
> guidance for the "policy" that he invokes. I'd like to see something
> consistent with our mission statement: "The Foundation provides an
> established framework for intellectual property...."****
>
> ** **
>
> By the way, I've changed the topic of this thread. After this brouhaha in
> Apache, W3C is quietly withdrawing its efforts to experiment with CC-BY.
> Their representatives have advised me to give up the fight. :-) Someone
> must have won this battle! But Apache keeps losing, because we still refuse
> all attempts to lead the FOSS world in defining what our Third Party
> Licensing Policy ought to be. Our VP of Legal Affairs insists that the
> "policy" is to sit back and wait until a project asks about a license, then
> approve or disapprove the license based on ad hoc rules but no intelligible
> written principles or guidelines. ****
>
> ** **
>
> For those of you who have written me publicly or privately begging me to
> stop bothering you about this topic because you want to get back to
> programming, sorry but no. Next year will mark my 20th year as an attorney
> working in support of FOSS. I assume that my leadership on these issues was
> why I was elected as a member of The Apache Software Foundation in the
> first place. Telling me to shut up about intellectual property issues of
> open source and open standards is like cheating me of oxygen. I won't let
> it happen.****
>
> ** **
>
> /Larry****
>
> ** **
>
> P.S. I recognize that I won't get many /public/ statements of support for
> this email. But please, those of you who have the courage to do so, please
> write me privately with your comments. Pro or con, it will help me resist
> this plea from board members that I should "shut up" about legal issues.**
> **
>
> ** **
>
> Lawrence Rosen****
>
> Rosenlaw & Einschlag, a technology law firm (www.rosenlaw.com)****
>
> 3001 King Ranch Rd., Ukiah, CA 95482****
>
> Office: 707-485-1242****
>
> Linkedin profile: http://linkd.in/XXpHyu ****
>
> ** **
>



-- 
Niclas Hedhman, Software Developer
河南南路555弄15号1901室。
http://www.qi4j.org - New Energy for Java

I live here; http://tinyurl.com/3xugrbk
I work here; http://tinyurl.com/6a2pl4j
I relax here; http://tinyurl.com/2cgsug

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