On Wed, Aug 8, 2012 at 6:03 PM, John Kinsella <j...@stratosec.co> wrote:
>
> On Aug 8, 2012, at 2:51 PM, Ewan Mellor wrote:
>
>>> -----Original Message-----
>>> From: Chip Childers [mailto:chip.child...@sungard.com]
>>> Sent: Wednesday, August 08, 2012 12:31 PM
>>> To: cloudstack-dev@incubator.apache.org
>>> Subject: Re: [DISCUSS] Dropping NetApp Support
>>>
>>> On Wed, Aug 8, 2012 at 1:56 PM, John Kinsella <j...@stratosec.co> wrote:
>>>> I reached out to some contacts at NetApp, their product management
>>> team quoted the following part of their "NETAPP MANAGEABILITY SDK -
>>> EULA.docx"[1] to me:
>>>>
>>>> "Subject to the terms and conditions set forth herein, NetApp grants
>>> You a license to:...Use, reproduce and distribute the Language
>>> Libraries in object code form (for C/C++, Java, C#, VB.NET and
>>> PowerShell only) and source code form (for Perl, Python and Ruby only)
>>> as incorporated into the Licensee Application; provided, however, that
>>> You (A) reproduce and include the copyright notice that appears in the
>>> Language Libraries as provided by NetApp, and (B) distribute the
>>> Licensee Application incorporating the Language Libraries pursuant to
>>> terms no less restrictive than those set forth herein. You shall not
>>> modify the Language Libraries; and..."
>>>>
>>>> Not that we want to distribute jars in the source, I was told they
>>> don't have an "open source" license so this wouldn't fly with ASL, but
>>> perhaps we could provide the library as part of the "convenience
>>> builds?"
>>>>
>>>> John
>>>> 1: I can forward the docx to the list or put it up somewhere if
>>> there's interest
>>>
>>> John,
>>>
>>> I think we may not be able to distribute this, even within a
>>> convenience binary.  From what I can tell, this is basically falling
>>> into "Category X", which the ASF has explicitly stated that no project
>>> can distribute source OR binary distributions that contain prohibited
>>> works.  I think we can also assume that we can't make it a "system
>>> dependency" for the project (stating the obvious here).  The policy
>>> goes on to offer three suggestions for how to help users optionally
>>> make use of the prohibited work:
>>>
>>> ###############
>>>
>>> If a PMC wishes to allow optional add-ons to enhance the functionality
>>> of the standard Apache product, the following options are available:
>>>
>>> 1) For add-ons under authorized licenses, the add-on could be
>>> distributed inside the product (see forthcoming policy on "Receiving
>>> and Releasing Contributions" for details on how and where to do this).
>>>
>>> 2) For add-ons under excluded licenses, the PMC may provide a
>>> link/reference on the product web site or within product documentation
>>> to some other web site that hosts such add-ons (e.g. a SF.net project
>>> or some third-party site dedicated to distributing add-ons for the
>>> Apache product) as long as it is made clear to users that the host
>>> site is not part of the Apache product nor endorsed by the ASF.
>>>
>>> 3) For add-ons under excluded licenses, the PMC may include a feature
>>> within the product that allows the user to obtain third-party add-ons
>>> if the feature also alerts the user of the associated license and
>>> makes clear to users that the host site is not part of the Apache
>>> product nor endorsed by the ASF.
>>>
>>> ###############
>>>
>>> The way I'm interpreting this situation is:
>>>
>>> - We can't do (1)
>>> - We can do (2) or (3)
>>>
>>> Based on what you are saying about access to the library, I think that
>>> Netapp has excluded us from option 3.
>>>
>>> So we're left with option 2...  we can provide instructions for how to
>>> get access to the library, and how to build CloudStack in a way that
>>> would use the library.
>>>
>>> Am I interpreting all of this correctly?
>>
>> I think that's right.  Anyone using NetApp is going to need to get the SDK 
>> for themselves.  There are lots of terms in that license that Apache could 
>> never agree to.  For example, the Licensee Indemnity clause requires the 
>> licensee (i.e. ASF) to indemnify NetApp against any damages.    It also says 
>> that the terms of the license are confidential, which means that even this 
>> email is in violation of their license.
>>
>> Unless NetApp change their SDK terms drastically, there's no way that we can 
>> ship their software.  Option 2) is the only one open to us.
>>
>> Cheers,
>>
>> Ewan.
>
>
> After giving that a closer look, I concur. Would be nice if we have a section 
> in the docs or wiki listing any pieces of functionality a user could enable 
> and what they have to do to get there
>
> John
>
>

Are you willing to start building this? We are likely to have lots of
optional code paths. I think this can start as a wiki page and after
we know everything we can make it into the more official docs.

--David

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