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From "Renz Christian (INST/ESW INST/ECS7)" <christian.r...@bosch-si.com>
Subject Re: EU Copyright Review
Date Sat, 14 Oct 2017 08:34:48 GMT
Craig, Olaf,

Fellow Bosch’ler here. Within my division of Bosch, the critical point is not the IP clearance
process, but the Apache license patent clause. The risk perceived is that contributions to
Apache projects by Bosch associates enable (free) usage of related parts of the corporate
Bosch patent portfolio. Therefore, each project we want to contribute to needs a pre-check,
and contributions are impossible for areas where we think there might be any relevant patents
in the Bosch world. Craig, if you have some input on how to handle this better, I would be
very interested to hear about it.

Regarding article 13 of the proposed EU copyright directive: IMHO this is potentially a significant
threat to all open-source ecosystems within the EU. It might render the free plans of sites
like GitHub unsustainable, and of course it might make source code mirroring unfeasible as
well.

Regards,
Christian

Von: Craig Russell <apache.clr@gmail.com>
Antworten an: "legal-discuss@apache.org" <legal-discuss@apache.org>
Datum: Samstag, 14. Oktober 2017 um 05:24
An: "legal-discuss@apache.org" <legal-discuss@apache.org>
Cc: Olaf Flebbe <of@oflebbe.de>
Betreff: Fwd: EU Copyright Review

Hi Olaf,

I'm opening a discussion on legal-discuss to try to avoid folks who might not have such a
keen interest here.

What you describe is pretty vague. Can you get a bit more clarity on what your employer believes
to be the difference between the IP clearance processes for Eclipse and the IP clearance processes
for Apache?

At Apache we take great pains (ask any incubating project) to ensure that our distributions
comply with applicable laws and have done so since the beginning.

It is frankly a big surprise that a major company believes that we put our downstream users
at risk.

I (member of the LEGAL PMC) will be available to discuss with the EU representatives the implications
for Apache projects and mirrors.

Regards,

Craig



Begin forwarded message:

From: Olaf Flebbe <of@oflebbe.de<mailto:of@oflebbe.de>>
Subject: EU Copyright Review
Date: October 12, 2017 at 1:14:12 PM PDT
To: members@apache.org<mailto:members@apache.org>
Reply-To: members@apache.org<mailto:members@apache.org>

Hi,


I may have missed it:  Did ASF already raised it's voice regarding the EU Copyright Review
and the possible threat to Open Source Software ?

See
https://savecodeshare.eu/
https://www.laquadrature.net/en/node/10289

(Legal text here http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52016PC0593  Look
out for Article 13)
Article 13 describes that content providers should do mandatory filtering of contents in order
to block copyright violations.

It may be or not be a threat to OSS, but it is clearly an unecessary burden for anyone mirroring
for instance Apache content.



- My (new) employer  Robert-Bosch GmbH likes to adress concerns regarding this EU Copyright
Review to the EU.

The Bosch standpoint is: Mandatory filtering of content is not needed for instance for eclipse
projects because of the eclipse IP clearing and handling processes.


Questions (translated)
Are there any measure in place within Apache to protect copyrights comparable to the Eclipse
IP processes ?

Does any member of the Board or LEGAL likes to join in a possible meeting with an EU representative
discussing the Apache Approach to copyright  ? I will connect.

Answer to first question is somewhat easy, and can given even by me. But the last question
is out of scope for me.

Background info:
As you may know Bosch is activly engaged within eclipse foundation but sadly has a policy
to actually forbid (sic!) contributions to any project under ASL. In my view this is clearly
a misconception of he patent clause in ASL. I am willing to explain that in more detail, if
needed to anyone interested.

While such a meeting with the EU may not happen, there is a chance to use this contact to
the central legal department to explain ASL to Bosch and to lift the silly ban of the ASL.

 (And it would increase my credibility greatly within Bosch, oops. I am stuck regarding the
patents and the license ban)

Best,
Olaf

PS: Deutsch würde natürlich den Austausch vereinfachen ...

Craig L Russell
Secretary, Apache Software Foundation
clr@apache.org<mailto:clr@apache.org> http://db.apache.org/jdo

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