RE: Background to Cooperation: ASF/AOO Principles, Policies, Practices

2015-06-29 Thread Dennis E. Hamilton
Thanks Jan, it is valuable to comprehend just how narrow individual exceptions 
are.

Comment in-line

-Original Message-
From: jan i [mailto:j...@apache.org] 
Sent: Sunday, June 28, 2015 14:53
To: dev@openoffice.apache.org; orc...@apache.org
Subject: Re: Background to Cooperation: ASF/AOO Principles, Policies, Practices

On 28 June 2015 at 19:49, Dennis E. Hamilton orc...@apache.org wrote:

[ ... ]
 An example of an exception that is specific to the Apache OpenOffice
 project is the distribution of convenience binaries that have writing-aid
 plug-ins bundled with them that are not themselves under a license that is
 acceptable for source-code releases.  There are a number of specific,
 delimited provisions under which this action is found consistent with
 Apache principles although it is an exception to a general policy.  This
 practice was only introduced after obtaining review and eventual
 concurrence via the list on which legal and license questions are discussed.

 orcmid
 The narrowness of the exception for these plug-ins is that they
 contain no code, they deliver data in a general format that can
 be used in a well-defined technique, and that they are completely
 replaceable.  Users can also install additional ones of their
 choosing and remove/disable the ones that are provided in the
 binary distributions as a convenience.  It is also the case that,
 if one inspects the plug-in (using a form of Zip package), one
 would encounter all applicable license information and there would
 be no confusion over the license that is specific to them material
 conveyed by a given plug-in.
 /orcmid


I would be very careful about interpreting the above extract. The plugins
do contains quite a lot of code, and some of them like the dictionaries are
not really
optional. We actually deliver plugins as part of our own exe, so we do
distribute some of the plugins without a special license.

But legal has looked at what we deliver and accepted it, so no need to
detail that further.

You also use the word narrowness, as if these exceptions are written in
stone, that is not the case, we can always ask for other exceptions if
needed (whether
we get them is a different matter).

orcmid
   The specific *individual* exception is very narrow.  That is what I meant. 
And exceptions always apply to specific cases.  For example, the one I linked 
to is about a situation with Apache OpenOffice and it was asked with respect to 
writing aids, GPL dictionaries in particular.  The title of the issue is 
Aggregation of GPL dictionaries with Apache OpenOffice,  
https://issues.apache.org/jira/browse/LEGAL-117, and the question is, 
specifically can Apache OpenOffice include GPL spell-checking dictionaries 
with its binary releases?.  
   Of course there can be more exceptions, each reviewed and approved or 
disallowed with respect to individual cases.  And the exception granted to AOO 
for the particular case is not an extension of policy.  That is the point of my 
remarks here.
   On reflection, I also think that is why Sam Ruby did not discuss the 
prospect of other licenses being comingled in those [dictionary] plug-ins.  
That was not part of the request and legal was not about to expand the scope of 
LEGAL-117 scope beyond what was asked for.  My observations about other mingled 
licenses at the time would best have gone back to the [P]PMC (the origin of the 
exception request).
   PS: I don't think legal has looked at what AOO delivers.  They considered 
the request and assume that the [P]PMC requested what it actually needed and 
only what it actually needed and proposed to do.  This is not a blanket 
exception for all manner of plug-ins having GPL licenses and it applies 
specifically to AOO binary distributions.
/orcmid

rgds
jan i.


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Re: Background to Cooperation: ASF/AOO Principles, Policies, Practices

2015-06-28 Thread jan i
On 28 June 2015 at 19:49, Dennis E. Hamilton orc...@apache.org wrote:

 I want to be very clear about the narrowness of the exemplary Apache
 OpenOffice exception.  See the remark below.  And to see how one wends
 through the deliberations around obtaining an exception, 
 https://issues.apache.org/jira/browse/LEGAL-117 is exemplary.  A general
 exploration of https://issues.apache.org/jira/browse/LEGAL/ reveals
 more cases as well as how rare exceptions are.

  - Dennis

 -Original Message-
 From: Dennis E. Hamilton [mailto:orc...@apache.org]
 Sent: Saturday, June 27, 2015 16:56
 To: dev@openoffice.apache.org
 Subject: Background to Cooperation: ASF/AOO Principles, Policies, Practices

 [ ... ]

 PRACTICES AND EXCEPTIONS

 There are many practices that support how the ASF pursues its mission.
 The use of mailing lists is one example.  The use of services supported on
 Apache infrastructure is another.

 There can be exceptions to policy and deviations among practices.
 Exceptions tend to be very specific and not generalized.  (I suspect a
 generalization would be a change/amendment of policy and a serious review
 of any conflicts with established principles.)

 An example of an exception that is specific to the Apache OpenOffice
 project is the distribution of convenience binaries that have writing-aid
 plug-ins bundled with them that are not themselves under a license that is
 acceptable for source-code releases.  There are a number of specific,
 delimited provisions under which this action is found consistent with
 Apache principles although it is an exception to a general policy.  This
 practice was only introduced after obtaining review and eventual
 concurrence via the list on which legal and license questions are discussed.

 orcmid
 The narrowness of the exception for these plug-ins is that they
 contain no code, they deliver data in a general format that can
 be used in a well-defined technique, and that they are completely
 replaceable.  Users can also install additional ones of their
 choosing and remove/disable the ones that are provided in the
 binary distributions as a convenience.  It is also the case that,
 if one inspects the plug-in (using a form of Zip package), one
 would encounter all applicable license information and there would
 be no confusion over the license that is specific to them material
 conveyed by a given plug-in.
 /orcmid


I would be very careful about interpreting the above extract. The plugins
do contains quite a lot of code, and some of them like the dictionaries are
not really
optional. We actually deliver plugins as part of our own exe, so we do
distribute some of the plugins without a special license.

But legal has looked at what we deliver and accepted it, so no need to
detail that further.

You also use the word narrowness, as if these exceptions are written in
stone, that is not the case, we can always ask for other exceptions if
needed (whether
we get them is a different matter).

rgds
jan i.


 [ ... ]


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