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From "Dennis E. Hamilton (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 23:15:32 GMT

    [ https://issues.apache.org/jira/browse/LEGAL-104?page=com.atlassian.jira.plugin.system.issuetabpanels:comment-tabpanel&focusedCommentId=13139825#comment-13139825

Dennis E. Hamilton commented on LEGAL-104:


Thanks.  I think the only remaining concern has to do with the low bar to contribution and
that all it takes is to register on the site.  This is the same bar that applies for Bugzilla/Jira
and the public-facing wikis and mailing lists at Apache currently.  Taking every registrant
through an iCLA (and requiring returning registrants to re-register to use the site) before
they can contribute, ask questions, etc., is pretty freeky.  I'm not sure I'm expressing my
concern adequately about this part.  

I agree that the change for static pages is fine, though I don't know that non-developers
will know what to do with an outbound Apache license, linked from a web page that they visit.
 Something like CC-By is more recognizable.  (I think the process of burying an Apache notice
as a comment in the header of the page's HTML code is a bit gross, since ordinary users are
reading the ordinary language, not the HTML code.)   I have no thoughts for the inbound case
beyond what is there now.

Having danced all the way around this one, I guess my last question is, what can we do NOW.
 Currently the terms state that the host is Oracle.  But that is not the case for the pages
that are now being served for the forums and wiki and still as if at http:// *.openoffice.org.
 In particular, if we change some of the trade dress (is that the term?) and replace the Oracle
logo with the Apache feather and such, we need to do something about where the "terms of use"
points and what it says there.  

What would have you not feel queasy in terms of immediate action taken by the PPMC?  Could
we just remove the terms-of-use and be on a par with existing Apache sites that allow public
contribution?  Could we just replace it all with contributions of code being under ALv2 and
all other material under the one-paragraph permissive statement that has the non-exclusive,
perpetual flying whatnot?

 - Dennis

(By the way, I forgot to mention that the server that was retired was in Hamburg, Germany,
and I have no idea how work-for-hire worked for the Oracle employees that contributed material
from there.  Of course, whatever Oracle declares is all that Apache needs to count on, I suppose.)
> 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.
> 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.
>  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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