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From "Lawrence Rosen (Commented) (JIRA)" <j...@apache.org>
Subject [jira] [Commented] (LEGAL-104) Provide Terms of Use for openoffice.org Internet Domain Properties
Date Sun, 30 Oct 2011 20:02:33 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-104?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13139732#comment-13139732
] 

Lawrence Rosen commented on LEGAL-104:
--------------------------------------

Dennis Hamilton wrote:
> I am addressing a problem concerning thousands of web site pages that
> are now in Apache OpenOffice.org Podling custody.  The pages were
> created under the Oracle ToU (and whateve the Sun ToU were before
> that).  They are still being served with the same ToU until the pages
> can be "rebranded."  These pages are not under Oracle copyright.  It is
> important that this material be preserved and continue to be made
> available, used, and modified as a permanent, community-maintained
> resource.  It is 3rd party material with the 3rd-party dimension being
> gigantic.


Dennis, thanks for a clear and brief explanation of the problem. 

Oracle gave us custody and control of this information. Obviously we don't have the resources
to examine each document for copyright claims and incompatible licenses. I presume that any
content therein that Oracle did not have license to transfer to us is Oracle's legal problem,
not ours. [1] 

Should anyone write us to complain about their own works on our transferred websites, I presume
we would honor any legitimate take-down notices. We're not out to infringe, but we have a
reasonable expectation that all content on those websites was intended for public use until
someone tells us otherwise.

This content will from now on be distributed under Apache License 2.0. As things change, any
new or revised content will be under Apache License 2.0. As time permits, we should change
the ToU on those pages to refer to our license.

You raise a good point, though, that Apache doesn't actually have a ToU of our own (that I've
ever seen). Some have suggested in the past that we are not properly informing people, as
we must, of our take-down procedures so that Apache is protected as an internet host from
certain kinds of copyright liability. But that's not a problem for AOo.o, but rather something
that ought to be considered Apache-wide.

/Larry

[1] Lest this sound too dismissive, I honestly don't expect any important copyright owner
of that content will complain (or have legal standing to complain!) about our continued use
of this website material. I assume that Oracle would assist us in any serious litigation that
might arise concerning what Sun and Oracle did in the past, but the risk is small. 

                
> Provide Terms of Use for openoffice.org Internet Domain Properties
> ------------------------------------------------------------------
>
>                 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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