Re: Who can make binding legal agreements

2006-06-12 Thread Martijn van Oosterhout
On 6/7/06, Jon Kåre Hellan [EMAIL PROTECTED] wrote: Second question: Has a binding legal agreement been made? Indeed it has. Ftp-masters are empowered by Debian to include packages in the archive. They are without question agents of Debian. Debian must accept the legal consequences of their

Re: Who can make binding legal agreements

2006-06-09 Thread Ian Jackson
John Goerzen writes (Re: Who can make binding legal agreements): * If a member project engages in activities that would jeopardize SPI's classification as a non-profit entity Things of that kind would be using SPI property or funds for unsuitable activities. Note that if Debian do

Re: Who can make binding legal agreements

2006-06-09 Thread Ian Jackson
John Goerzen writes (Re: Who can make binding legal agreements): The other plausible interpretation is that SPI *is* on the hook, as the legal entity that owns servers that are distributing software. If you use your shell account at your ISP to distribute software, and the ISP concludes you

Re: Who can make binding legal agreements

2006-06-08 Thread Anthony Towns
On Thu, Jun 08, 2006 at 02:47:24PM +1000, Anthony Towns wrote: On Wed, Jun 07, 2006 at 09:07:07AM -0500, John Goerzen wrote: So what am I trying to do? Most importantly, make sure that SPI and Debian aren't exposed to serious legal risks. Then why don't you contact Greg and the SPI board

Re: Who can make binding legal agreements

2006-06-07 Thread Anthony Towns
On Wed, Jun 07, 2006 at 02:04:18PM +1000, Anthony Towns wrote: On Tue, Jun 06, 2006 at 09:35:41PM -0500, John Goerzen wrote: On Wed, Jun 07, 2006 at 12:02:16PM +1000, Anthony Towns wrote: The ability to enter into a legal contract to indemnify a third party should be, and arguably IS,

Re: Who can make binding legal agreements

2006-06-07 Thread John Goerzen
On Wed, Jun 07, 2006 at 11:59:02AM +0100, Ian Jackson wrote: This is definitely wrong. SPI should not be involved in licence approval. Firstly, because licence approval is often a political decision for Debian. And secondly because SPI is not the licencee and it is very important for this

Re: Who can make binding legal agreements

2006-06-07 Thread John Goerzen
On Wed, Jun 07, 2006 at 12:02:04PM +0100, Ian Jackson wrote: John Goerzen writes (Re: Who can make binding legal agreements): The first paragraph of the license linked to by the original announcement: SUN MICROSYSTEMS, INC. (SUN) IS WILLING TO LICENSE THE JAVA PLATFORM STANDARD EDITION

Re: Who can make binding legal agreements

2006-06-07 Thread Josselin Mouette
Le mercredi 07 juin 2006 à 14:04 +1000, Anthony Towns a écrit : I don't understand why, as SPI President, you'd bring up concerns regarding SPI's legal position in the middle of a thread on -devel and -legal, without having discussed it on spi-board, having consulted SPI's attorney as to the

Re: Who can make binding legal agreements

2006-06-07 Thread John Goerzen
On Wed, Jun 07, 2006 at 02:04:18PM +1000, Anthony Towns wrote: On Tue, Jun 06, 2006 at 09:35:41PM -0500, John Goerzen wrote: Nobody was suggesting that, and I fail to understand why it is in anyone's interests for you to ratchet up the heat on this issue another notch by making remarks like

Re: Who can make binding legal agreements

2006-06-07 Thread John Goerzen
On Tue, Jun 06, 2006 at 09:05:20PM -0700, Russ Allbery wrote: I think these are all very reasonable statements. Not being an ftp-master, it's not really my decision to make, but my personal opinion is that the above is good advice and the closer we can make the relationship between SPI's

Re: Who can make binding legal agreements

2006-06-07 Thread Martijn van Oosterhout
On 6/7/06, Thomas Bushnell BSG [EMAIL PROTECTED] wrote: Russ Allbery [EMAIL PROTECTED] writes: John Goerzen [EMAIL PROTECTED] writes: Sure. SPI owns many of the machines that Debian owns. If any of these machines are being used to distribute this software, as I think is likely, then SPI

Re: Who can make binding legal agreements

2006-06-07 Thread Jon Kåre Hellan
OK, I'll chime in. I just hope I'm not making matters worse. First, obligatory disclaimers: I'm not a lawyer, I'm not a Debian developer, I'm not a new maintainer applicant either. And I'm certainly not going to make demands on anybody. I'm a resident of Norway, so that is the legal system I

Re: Who can make binding legal agreements

2006-06-07 Thread Ian Jackson
John Goerzen writes (Re: Who can make binding legal agreements): The first paragraph of the license linked to by the original announcement: SUN MICROSYSTEMS, INC. (SUN) IS WILLING TO LICENSE THE JAVA PLATFORM STANDARD EDITION DEVELOPER KIT (JDK - THE SOFTWARE) TO YOU ONLY Yes, but who

Re: Who can make binding legal agreements

2006-06-07 Thread Joe Smith
John Goerzen [EMAIL PROTECTED] wrote in message news:[EMAIL PROTECTED] On Tue, Jun 06, 2006 at 09:05:20PM -0700, Russ Allbery wrote: I think these are all very reasonable statements. Not being an ftp-master, it's not really my decision to make, but my personal opinion is that the above is

Re: Who can make binding legal agreements

2006-06-07 Thread Joe Smith
John Goerzen [EMAIL PROTECTED] wrote in message news:[EMAIL PROTECTED] First of all, corporate winds can change. But really my point is not that SPI should have rejected this license. My point is that SPI should have been consulted about the indemnification so that we could get the advice

Re: Who can make binding legal agreements

2006-06-07 Thread Bill Allombert
On Wed, Jun 07, 2006 at 09:46:57PM +1000, Anthony Towns wrote: And hi to everyone from /.! http://linux.slashdot.org/linux/06/06/07/047204.shtml for those playing along at home. If you wanted to avoid publicity, not announcing the inclusion of 'Sun Java' on debian-devel-announce would have

Re: Who can make binding legal agreements

2006-06-07 Thread Matthew Garrett
Bill Allombert [EMAIL PROTECTED] wrote: Given the above link point to your post, you can only blame yourself for its content. It's not strictly necessary to bitch about Anthony's actions at every opportunity. If you disagree with his course of actions, perhaps dropping him a private mail

Re: Who can make binding legal agreements

2006-06-07 Thread Anthony Towns
On Wed, Jun 07, 2006 at 09:07:07AM -0500, John Goerzen wrote: So what am I trying to do? Most importantly, make sure that SPI and Debian aren't exposed to serious legal risks. Then why don't you contact Greg and the SPI board yourself? As I've said already, I don't want SPI to be involved in

Re: Who can make binding legal agreements

2006-06-07 Thread Anthony Towns
On Wed, Jun 07, 2006 at 12:15:12PM -0500, Bill Allombert wrote: On Wed, Jun 07, 2006 at 09:46:57PM +1000, Anthony Towns wrote: And hi to everyone from /.! http://linux.slashdot.org/linux/06/06/07/047204.shtml for those playing along at home. If you wanted to avoid publicity, not

Who can make binding legal agreements

2006-06-06 Thread John Goerzen
On Tue, Jun 06, 2006 at 09:43:02PM +1000, Anthony Towns wrote: On Sun, Jun 04, 2006 at 03:59:03PM +0200, Dalibor Topic wrote: Mmm. The impression I got was that people were waiting for the packages to be removed from Debian and no one was really all that interested in responses from Sun, cf:

Re: Who can make binding legal agreements

2006-06-06 Thread Anthony Towns
On Tue, Jun 06, 2006 at 11:47:03AM -0500, John Goerzen wrote: I am becoming increasingly concerned at the unilateral method in which you and/or the archive maintainers have taken this decision. The ability to enter into a legal contract to indemnify a third party should be, and arguably IS,

Re: Who can make binding legal agreements

2006-06-06 Thread John Goerzen
On Wed, Jun 07, 2006 at 12:02:16PM +1000, Anthony Towns wrote: The ability to enter into a legal contract to indemnify a third party should be, and arguably IS, reserved solely for the SPI Board of Directors. If SPI wish to withdraw from their relationship with Debian, then that's

Re: Who can make binding legal agreements

2006-06-06 Thread Russ Allbery
John Goerzen [EMAIL PROTECTED] writes: First, I don't believe that SPI has ever granted anyone the ability to enter into legally-binding agreements to indemnify (which means to use our resources to defend) third parties. I may be mistaken, though. Could you please point out where you believe

Re: Who can make binding legal agreements

2006-06-06 Thread Russ Allbery
John Goerzen [EMAIL PROTECTED] writes: On Tue, Jun 06, 2006 at 07:43:10PM -0700, Russ Allbery wrote: I think I lost a thread of the argument here. How does the acceptance into non-free of a package by the ftp-masters commit SPI to a legally binding agreement? The first paragraph of the

Re: Who can make binding legal agreements

2006-06-06 Thread George Danchev
On Wednesday 07 June 2006 06:11, Russ Allbery wrote: John Goerzen [EMAIL PROTECTED] writes: On Tue, Jun 06, 2006 at 07:43:10PM -0700, Russ Allbery wrote: I think I lost a thread of the argument here. How does the acceptance into non-free of a package by the ftp-masters commit SPI to a

Re: Who can make binding legal agreements

2006-06-06 Thread Russ Allbery
George Danchev [EMAIL PROTECTED] writes: On Wednesday 07 June 2006 06:11, Russ Allbery wrote: You believe that it's pretty clear that *SPI* is distributing the software? Could you trace your reasoning here? Nobody said that and you know it. Uh, well, believe it or not, that really did seem

Re: Who can make binding legal agreements

2006-06-06 Thread John Goerzen
On Tue, Jun 06, 2006 at 08:11:21PM -0700, Russ Allbery wrote: John Goerzen [EMAIL PROTECTED] writes: On Tue, Jun 06, 2006 at 07:43:10PM -0700, Russ Allbery wrote: SUN MICROSYSTEMS, INC. (SUN) IS WILLING TO LICENSE THE JAVA PLATFORM STANDARD EDITION DEVELOPER KIT (JDK - THE SOFTWARE) TO

Re: Who can make binding legal agreements

2006-06-06 Thread Russ Allbery
John Goerzen [EMAIL PROTECTED] writes: Sure. SPI owns many of the machines that Debian owns. If any of these machines are being used to distribute this software, as I think is likely, then SPI could be liable. Oh, very good point. I hadn't thought of this. I can see what you're saying.

Re: Who can make binding legal agreements

2006-06-06 Thread Anthony Towns
On Tue, Jun 06, 2006 at 09:35:41PM -0500, John Goerzen wrote: On Wed, Jun 07, 2006 at 12:02:16PM +1000, Anthony Towns wrote: The ability to enter into a legal contract to indemnify a third party should be, and arguably IS, reserved solely for the SPI Board of Directors. If SPI wish

Re: Who can make binding legal agreements

2006-06-06 Thread Thomas Bushnell BSG
Russ Allbery [EMAIL PROTECTED] writes: John Goerzen [EMAIL PROTECTED] writes: Sure. SPI owns many of the machines that Debian owns. If any of these machines are being used to distribute this software, as I think is likely, then SPI could be liable. Oh, very good point. I hadn't thought

Re: Who can make binding legal agreements

2006-06-06 Thread George Danchev
On Wednesday 07 June 2006 06:45, Russ Allbery wrote: George Danchev [EMAIL PROTECTED] writes: On Wednesday 07 June 2006 06:11, Russ Allbery wrote: You believe that it's pretty clear that *SPI* is distributing the software? Could you trace your reasoning here? Nobody said that and you