Mailing-List: contact legal-discuss-help@apache.org; run by ezmlm
Precedence: bulk
Reply-To: legal-discuss@apache.org
Date: Sun, 30 Oct 2011 23:15:32 +0000 (UTC)
From: "Dennis E. Hamilton (Commented) (JIRA)" <jira@apache.org>
To: legal-discuss@apache.org
Message-ID: 
 <497043198.39047.1320016532738.JavaMail.tomcat@hel.zones.apache.org>
In-Reply-To: 
 <1865112048.19500.1318826053271.JavaMail.tomcat@hel.zones.apache.org>
Subject: [jira] [Commented] (LEGAL-104) Provide Terms of Use for
 openoffice.org Internet Domain Properties
MIME-Version: 1.0
Content-Type: text/plain; charset=utf-8
Content-Transfer-Encoding: 7bit


    [ 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:
------------------------------------------

Larry,

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.
> 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.

--
This message is automatically generated by JIRA.
If you think it was sent incorrectly, please contact your JIRA administrators: https://issues.apache.org/jira/secure/ContactAdministrators!default.jspa
For more information on JIRA, see: http://www.atlassian.com/software/jira

        
---------------------------------------------------------------------
To unsubscribe, e-mail: legal-discuss-unsubscribe@apache.org
For additional commands, e-mail: legal-discuss-help@apache.org