On 23/02/15 15:55, Dennis E. Hamilton wrote:

>  so it is odd to have a revision in hand while we are still deliberating on 
> what direction to take.

The discussion popped up about three weeks ago, with Andrea volunteering
to rewrite the page, but saying he needed the weekend to do so. It took
him longer than a weekend to consider what, and how it could be changed,
to include what was on that page, but project The Apache Way.

>  1. The OpenOffice Mission

The specific page was a very subtle put-down of LibO, EO, NO, KOo, and
three or four other office suites that had their roots in StarOffice.

It does a raise a valid point, in that the different licenses do have
different criteria for compliance, and the resulting cost of compliance.

>  2. The Purpose of the Page

There were half a dozen or so CYA pages from when Sun and Oracle ran
OOo. (I've forgotten their names. I've seen at least one on the AOo site.)

This is one of those CYA pages, most useful when lawyers want to sue
someone, because their client didn't understand something, and wants
somebody else to pay for their self-inflicted damage.

I don't know if this specific page was a rewrite of a specific page from
when either Sun or Oracle ran OOo, or if it was written after The Apache
Foundation acquired OOo. Some of the wording implies that it was created
specifically for AOo. Some of the wording is in SUN's house style, when
dealing with "awkward" topics.

If the page does not mention other licenses, then it can be advocacy
page, explaining why Apache 2.0, and consequently AOo is an appropriate
choice for an organization to use.

>     Apache OpenOffice is not a pure ALv2 release.
>     *********************************************

Which is just one of the reasons why compliance costs are not going to
be zero, when using AOo.

###

Addressing various issues mentioned in other emails.

> The page under discussion identifies some worst-case situations that
are not representative of what happens,

FWIW, as far as SBA compliance is concerned, it does not cover worst
case scenarios, but rather, average to _best_ case scenarios. (IOW, if
anything, it understates what happens, if the SBA targets your business.
 Also, contrary to SBA claims, they individuals are also targetted.)

As far as FSF compliance is concerned, their formal policy is to work
with organizations, and _not_ go to court. Even in court, they are
willing to settle at any point during the trial, up to, and including
seconds before the judge issues the official verdict.(IOW, if you are in
court for a GPL violation filed by FSF, it is either because your
attorney is incredibly incompetent, or you are incredibly stubborn.)

In both instances, there won't be much, if anything, in the court
records. The SBA takes, without going to court, and the FSF simply
insists on making changes in the organization's operations, so that it
fully complies with _all_ software licenses, not just the FLOSS licenses.

What one can find, is FSF and SBA press releases, that describe what
happens when they do find violations.

> I submit that a software producer could distribute binaries under
per-seat licenses that were based on software completely under a
permissive license and dispute violations of the terms under which those
binaries were made available to a customer.

Whether or not said producer gets anywhere legally, depends upon the
specific license of the binary:
* With GNU GPL 2.0, odds are the producer qua plaintiff, gets to pay
defendant's court costs;
* With BSD, odds are the defendant loses the lawsuit, because they did
violate the license;

There were a few firms that distributed OOo under a per seat license.
They all appear to be out of business.

There were, and are some firms that provide LibO & AOo support, on a per
seat basis. They appear to have an informal policy of allowing a
percentage of understatement of seats, whilst providing full support for
all seats.

jonathon

  * English - detected
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