On Sat, Feb 22, 2014 at 3:07 AM, Sebastien Goasguen <run...@gmail.com> wrote:
>
> On Feb 21, 2014, at 7:37 PM, Animesh Chaturvedi 
> <animesh.chaturv...@citrix.com> wrote:
>
>>
>>
>>> -----Original Message-----
>>> From: David Nalley [mailto:da...@gnsa.us]
>>> Sent: Friday, February 21, 2014 4:13 PM
>>> To: dev@cloudstack.apache.org
>>> Subject: Re: [DISCUSS] Policy blocker?
>>>
>>>>> LEGAL - when I talk about legal problems below I refer to liability
>>>>> incurred by individuals in the project, especially the release
>>>>> manager,
>>>>
>>>> [Animesh] Can you clarify 'especially the release manager' part? Release
>>> manager is just like any other volunteer and does not have any special
>>> privileges. The community VOTEs on the release.
>>>>
>>>
>>> Sure, it isn't about privilege, it's about liability. So the foundation 
>>> covers
>>> (and has insurance for) actions taken on behalf of the Foundation. If 
>>> process
>>> is followed (including getting the votes) releasing software is effectively 
>>> a
>>> function of the Foundation - and thus it bears liability. The foundation
>>> needs to ensure that the release is a 'authorized business decision' on 
>>> behalf
>>> of the Foundation (which is why the Board has to ACK PMC additions, etc.).
>>> Hence all the process and policy.
>>>
>>> Publishing software however, if really done by the release manager.
>>> And if release process isn't followed, it's no longer a function of the
>>> foundation - and software is effectively released by the RM, and thus he is
>>> individually liable.
>> [Animesh] How do you define the release process being followed or not? Isn't 
>> Voting on a release the process and PMC and everyone voting responsible for 
>> it. Release Manager is a facilitator. Without the protection why would 
>> anyone want to incur liability as a release manager? In the links that you 
>> sent I have not seen specific reference to Release Manager being liable.
>>
>> Sadly this isn't theoretical, and is one of the reasons that
>>> the foundation exists.
>> [Animesh] What does foundation provide in that case?
>>>
>
> I read David note as saying that if we follow the release process properly 
> -calling for votes, respecting bylaws timeframe, tallying...etc- then the ASF 
> is liable for what's in the release. But if we were to not follow due process 
> then the RM would be liable.
>
> In our case we follow process, so the Foundation is liable.
>

Yes, if I wasn't clear - what Sebastien said was my intent.

--David

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