On Monday 04 October 2004 00:10, J Aaron Farr wrote:

> One initial thought: public domain has generally not been recommended
> due to potential liability issues.  That is, even the most basic open
> source license disclaims any implied warranty.  That might be important
> to the new Metro project.  Or it might not.  This is where getting some
> legal advice might be appropriate.

Warranty is not a problem;
As Sun expresses it; "This module, both source code and documentation, is in 
the Public Domain, and comes with NO WARRANTY."

That's IT. A single line.

As for so called legal protection...
1. The ASF system is basically set up in a way that will perhaps confuse the 
court enough, since ASF tries to indemnify the contributor, yet not the 
creator nor the owner, just a licensee. This has been raised before in the 
Incubator.

2. I think it has to be a pretty serious case for a corporation to go after 
and sue an individual. In fact, when the evidence is overwhelming against 
him/her, and (IMVHO) one should be responsible for one's action.
Whatever one do in the daily life, one can always be sued by someone else, and 
*I* can't see the difference.


> Which means we as copyright owners cannot revoke our license grant to
> the ASF (ie- we can't remove it from the ASF).  However, we can grant an
> additional license that either makes the work public domain (I think) or
> grants a license to the new DPML group (this I know is okay). 

Now you are somewhat confusing License from Ownership, and things are getting 
'icky'. I am not revoking a license to the ASF, I am releasing my ownership 
of the asset. And since the Public Domain concept allows anybody to do 
anything, whatsoever, I (also IANAL) can't see any problem. Compare this with 
an EULA of a product that I by, only to find out 3 months later it is 
Free-of-Charge.

> +1 for being cooperative.

Thanks!

> What about patches submitted over the mailing list from users?

How is that today, irregardless of this effort? One could argue that we are 
not allowed to apply patches from users, without them submitting the CLA. 
Feel free to bring it up with the Board separately.

Cheers
Niclas
-- 
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