[From Geoff Hutchison]
>I'd be interested in any legal opinion about
>the "ht://Dig Group" issue since there's currently no obvious "owner" of
>all of the ht://Dig code.

We may be able to help there!

At RightNow Technologies, Inc, we extensively use Open Source software and 
operating systems because they give us quality platforms and development
environments.

We use Linux, FreeBSD, Apache, MySQL, PHP, and the full suite of GNU
development tools. Our 1200+ customers and their data make us one of the 
top two or three corporate users of MySQL and one of the heaviest users of
PHP.  In February our Linux servers handled approximately 65 Million
page-turns for our hosted customers.

We believe that HtDig is a solid piece of software, and we as a company
would like to enhance and improve HtDig.

RNT is currently a couple weeks away from internal testing of a document
archiving project based on HtDig.  We've written software that exports
documents from a SQL database to XML files and indexes them via HtDig.  
In developing this software, a significant amount of work has gone into
restructuring the HtDig code as a self-contained separate shared library
(libhtdig.so) with a functional API.  RNT is currently faced with a
licensing issue, the current GPL license of HtDig does not lend itself to
calling the API functions from closed source code.

To use and contribute effectively to HtDig and the HtDig group we need:
a) To use libhtdig under the LGPL terms
b) To get HtDig to formalize its structure and decision making processes
so that any LGPL relicense (for libhtdig) granted is beyond legal
challenge.

Looking into the future, RightNow Technologies believes that we will be
able to make sizable contributions to HtDig software:

1) Internationalization via Unicode
2) Field Based Searching/Indexing
3) Commercial Software QA of HtDig
4) Use of commercial software validation tools to correct memory leaks and
   other coding errors
5) Additional contributions to the linguistic/NLP aspects of HtDig
   searching/indexing
6) Possible hardware donations to developers who assist us in implementing
   desired features.

Currently The HtDig developers are divided into two groups, contributors
and managers (those with CVS commit access).

I've spoken with the big dogs at RightNow Technologies, Inc. about
helping the HtDig Group in getting a more formal structure.  Alan Rassaby,
our General Counsel, has offered to assist the HtDig Group in:

a)Understanding your desires for an official charter
b)Drawing up a draft charter based on your desires, possibly derived from
  an existing Open Source charter
c)answering any questions the group may have on various copyright and
  licensing issues.

In addition, at your request, RightNow Tech would provide reasonable funds
to pay for an independent third party (lawyer) to review the relevant
materials.  We wish to do this to eliminate any questions about conflict
of interest and to give the Group the assurance that the process is fair
and ethical.

Issues to consider for a charter:
1) Election of Steering Committee (now effectively those people with CVS
   commit access)
2) Rules and Procedures for the election and other decision making tasks
3) Rules and Procedures for working with Corporations
4) Governance of Copyright & Licensing
5) Code contribution procedures

The charter can be as relaxed and democratic as you wish.

For RNT point #4 is the important one.  We are trying to establish if the
group is willing to license the HtDig software under both the GPL and
LGPL.  GPL for standard usage, LGPL for usage with 'libhtdig'.  To
accomplish this goal, a steering committee would need to approve such a
move within the bounds of a group charter.

The Apache Foundation is a great example of an Open Source software
project that has a formal structure and is able to effectively work with
Corporate Partners.  Debian GNU/Linux, FreeBSD, NetBSD are other notable
examples.  

Debian did not create a Debian Foundation, they created Software in the
Public Interest, Inc. [http://www.spi-inc.org/] as a non-profit vehicle to
support Debian development.  The SPI also supports the GNOME
project.  Debian's charter is also separate from SPI.

It is probably not necessary to incorporate as a formal non-profit
organization. Joining the SPI maybe a good way to facilitate donations and
formal support to the group.

Should that be desired, RightNow Tech would be willing to cover reasonable
associated costs.

Why are we proposing this?  RightNow Tech believes that HtDig is great
software that deserves support and enhancement.  Helping to establish
HtDig as a more formal entity allows us to devote more developer time and
effort to enhancing HtDig while keeping the bean-counters happy with our
participation in the group.  Other companies that wish to contribute
time/money/effort to furthering HtDig will probably have many of the same
concerns.


We are not proposing anything earth-shattering.. just a slightly more
formal structure with a decision making body to take up issues with.

A first step could be to call for a vote to ratify the current developers
with CVS commit access as the steering committee and go forward with
drafting a charter patterned after the Apache/Debian/FreeBSD etc.

If you have any questions please reply!

The next step would be for a couple interested people to contact me and
set up a correspondence with Alan Rassaby to answer your questions.

Feel free to visit http://www.rightnow.com for more information about RNT.

Thanks! And check out libhtdig if you haven't already!


-- 
Neal Richter 
Knowledgebase Developer
RightNow Technologies, Inc.
Customer Service for Every Web Site



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