On Tue, Jan 09, 2018 at 02:05:46PM -0500, Brett Smith wrote:
> Bryce,
> 
> Sorry for the delay on this. In addition to the holidays we have several
> financial deadlines hit us around this time of year, and I got pulled
> into that more than I’d planned for.
> 
> On DigitalOcean: given that we’re agreed about the issue, the next step
> with them would be to have a conversation with their legal department
> about some kind of change. Ideally that would be a change to the current
> ToS, but between us, we’d be satisfied with an agreement that’s specific
> to Conservancy and its member projects.
> 
> Unfortunately, we’ve checked and we don’t seem to have any good contacts
> currently at DigitalOcean legal, so we’d have to go through your contact
> to talk about this.

DO Sponsorships <[email protected]>

I sent them a thank-you with a question last month but only got a robo
message in reply.  YMMV.

> Before we initiate that, I think it makes sense to look at this other
> provider’s ToS and see whether we can avoid the issue completely. If
> your testing so far hasn’t revealed any issues, can you please point me
> at them, and we’ll take a look?

I did some testing/research over the weekend and it all went quite well.

  https://www.cloudscale.ch/en/tos-20151015.pdf

Bryce

> Best regards,
> 
> ​
> 
> 
> On 01/04/2018 02:35 PM, Bryce Harrington wrote:
> > Hi Brett,
> >
> > Just checking in again to see if you've had a chance to look at this.
> >
> > We've just received another hosting sponsorship offer from a different
> > company, which I'm going to test out.  Let me know when you'd like to
> > take a look at their T&C's too.
> >
> > Bryce
> >
> > On Wed, Dec 27, 2017 at 02:19:18PM -0800, Bryce Harrington wrote:
> >> Hi Brett,
> >>
> >> Hope you had a great Christmas.  I suspect you're tied up with end of
> >> the year activities, but I wanted to followup regarding DigitalOcean, as
> >> I'd love to move forward on setting it up soon.  Please let me know
> >> status when you get a chance.
> >>
> >> Thanks,
> >> Bryce
> >>
> >> On Tue, Dec 12, 2017 at 10:58:24AM -0800, Bryce Harrington wrote:
> >>> On Tue, Dec 12, 2017 at 11:28:05AM -0500, Brett Smith wrote:
> >>>> Bryce,
> >>>>
> >>>> We did get the process started, and step one is always reviewing the
> >>>> terms of service before we create an account.  Digital Ocean's is at
> >>>> <https://www.digitalocean.com/legal/terms/>.
> >>> Wow, thanks for checking into that.  Yes, some of this looks like it
> >>> could potentially be a problem.  It's sleezy when hosting providers seek
> >>> ownership over user-supplied content!
> >>>
> >>>> There we ran into section
> >>>> 2.5, which asks us to grant Digital Ocean "a worldwide, non-exclusive,
> >>>> perpetual, irrevocable, royalty-free, fully paid, sublicensable and
> >>>> transferable license to use, aggregate, reproduce, distribute, prepare
> >>>> derivative works of, display, perform, and otherwise fully exploit such
> >>>> User Content in connection with [DO's services and businesses]."
> >>> I notice their policy seems to differentiate between their "Website" and
> >>> their "Services".  The latter is what would affect Inkscape.
> >>>
> >>> Section 2.5 asks for grants for both Website and Service.  The above
> >>> quote appears to be from the portion dealing with User Content uploads
> >>> to the Website.  There is a similar portion dealing with content
> >>> uploaded to the Services, but the wording is a bit different:
> >>>
> >>>     By submitting any User Content to the Services other than on the
> >>>     Website, you hereby do and shall grant us a worldwide,
> >>>     non-exclusive, perpetual, irrevocable, royalty-free, fully paid,
> >>>     sublicensable and transferable license to use, aggregate, reproduce,
> >>>     distribute, prepare derivative works of, display, and perform such
> >>>     User Content solely for the purpose of providing the Services. For
> >>>     clarity, the foregoing licenses granted to us and our users does not
> >>>     affect your other ownership or license rights in your User Content,
> >>>     including the right to grant additional licenses to your User
> >>>     Content, unless otherwise agreed in writing.
> >>>
> >>> Do you think the phrasing "solely for the purpose of providing the
> >>> Services", and the clarifying second sentence places adequate
> >>> limitations on what they're requiring here?  Could the purpose of this
> >>> text be to just try and establish that we allow them permission to
> >>> retransmit our content on their services?
> >>>
> >>> Section 2.6 seems to suggest they recognize that open source code will
> >>> be hosted on their platform, which I guess is good, but I don't
> >>> understand at all what the section's purpose is.  CC BY-NC-SA
> >>> 4.0 is a license we use and I assume it's not compatible.  Does this
> >>> section imply they wish to relicense materials as BY-NC-SA?  It's not
> >>> clear to me what this section applies to exactly.
> >>>
> >>> I'm glad you're reviewing this -- I always find these license phrasings
> >>> to be so confusing.
> >>>
> >>>> This has the *potential* to be an issue because we (both Conservancy and
> >>>> the Inkscape team) can't really grant this license for work that other
> >>>> parties released under most FOSS licenses.  This section effectively
> >>>> asks for us to grant an extremely permissive license to Digital Ocean
> >>>> for all the User Content anyone uploads.
> >>> Yes, agreed, we don't want there to be any question that material
> >>> covered under GPLv2+ would be relicensed by them to some other license.
> >>>
> >>>> It's not uncommon for service providers to have some kind of clause like
> >>>> this, but it's usually narrower.  For example, AWS' TOS just say you
> >>>> agree not to upload anything illegal or against their policies.
> >>>>
> >>>> Are you planning to upload any software to Digital Ocean?  This could be
> >>>> uploading software to publish; or a virtual machine image for them to
> >>>> run; anything like that.  Basically, anything you can tell us about your
> >>>> plans to use the service can help us better understand how much we
> >>>> should be concerned about this, and what our next steps might be.
> >>> Yes, uploading software (or snippets of software such as patches) is a
> >>> primary intended use for this service.  The plan would include hosting
> >>> of discussion forums, mailing lists, wiki's and other software platforms
> >>> under the purpose of furthering developer-to-developer and
> >>> user-to-developer collaboration.  Thus, we will be dealing with a wealth
> >>> of User Content for which clarity of copyright+license provenance is
> >>> going to be imperative.  We would not wish to use the service if it adds
> >>> any uncertainty about the ownership of our code.
> >>>
> >>> Thanks again for looking into this agreement and spotting the potential
> >>> issue!
> >>>
> >>> Bryce
> >>>
> >>>> On 12/11/2017 11:41 PM, Bryce Harrington wrote:
> >>>>> Hi Brett, just following up to see if you've had a chance to look into
> >>>>> setting this up yet?
> >>>>>
> >>>>> Bryce
> >>>>>
> >>>>> On Sun, Dec 03, 2017 at 05:03:31PM -0800, Bryce Harrington wrote:
> >>>>>> Resolved:
> >>>>>> ---------
> >>>>>> SFC should register with DigitalOcean so we can        accept their 
> >>>>>> offer and
> >>>>>> proceed with setting up         services on their platform.
> >>>>>>
> >>>>>>
> >>>>>> Votes:
> >>>>>> ------
> >>>>>>
> >>>>>> | Board Member         | 1. |
> >>>>>> | -------------------- |:--:|
> >>>>>> | Bryce Harrington     | a. |
> >>>>>> | Josh Andler          |    |
> >>>>>> | Tavmjong Bah         | a. |
> >>>>>> | Ted Gould            | a. |
> >>>>>> | Martin Owens         | a. |
> >>>>>> | Marc Jeanmougin      | a. |
> >>>>>> | Chris Rogers         | a. |
> >>>>>>
> >>>>>>
> >>>>>> On Wed, Nov 29, 2017 at 05:32:28PM -0800, Bryce Harrington wrote:
> >>>>>>> Your vote is needed to accept hosting sponsorship from DigitalOcean.
> >>>>>>>
> >>>>>>> 1.  Accept DigitalOcean's offer of $500 credit on their virtual 
> >>>>>>> hosting
> >>>>>>>     system for use in provisioning various Inkscape web services.  Add
> >>>>>>>     DigitalOcean as a Bronze level sponsor for 2018.  Authorize
> >>>>>>>     Conservancy to initiate registration with DigitalOcean for 
> >>>>>>> Inkscape.
> >>>>>>>
> >>>>>>>     - [ ] a. Yes, accept DigitalOcean's sponsorship
> >>>>>>>     - [ ] b. No
> >>>>>>>
> >>>>>>> Votes:
> >>>>>>> ------
> >>>>>>>
> >>>>>>> | Board Member         | 1. |
> >>>>>>> | -------------------- |:--:|
> >>>>>>> | Bryce Harrington     |    |
> >>>>>>> | Josh Andler        |    |
> >>>>>>> | Tavmjong Bah         |    |
> >>>>>>> | Ted Gould            |    |
> >>>>>>> | Martin Owens               |    |
> >>>>>>> | Marc Jeanmougin      |    |
> >>>>>>> | Chris Rogers               |    |
> >>>>>>>
> >>>>>>>
> >>>>>>> Resolved:
> >>>>>>> ---------
> >>>>>>>
> >>>>>>> Background:
> >>>>>>> -----------
> >>>>>>>
> >>>>>>> In 2017, the Inkscape Board [solicited sponsorship offers][1] for web
> >>>>>>> hosting.  We [received an offer][2] from DigitalOcean that provides
> >>>>>>> a credit for $500 in service on their virtual hosting platform.  It
> >>>>>>> doesn't match all the requirements we had called for, but it may be 
> >>>>>>> able
> >>>>>>> to address near term service needs while we continue our search.
> >>>>>>>
> >>>>>>> Registration with DigitalOcean requires entry of financial information
> >>>>>>> so will need to be performed by the Software Freedom Conservancy staff
> >>>>>>> for us.  This vote authorizes them to do so.
> >>>>>>>
> >>>>>>> [1]: https://sourceforge.net/p/inkscape/mailman/message/36074233/
> >>>>>>> [2]: 
> >>>>>>> https://www.mail-archive.com/[email protected]/msg01019.html
> >>>>>>>
> >>>>>>> ------------------------------------------------------------------------------
> >>>>>>> Check out the vibrant tech community on one of the world's most
> >>>>>>> engaging tech sites, Slashdot.org! http://sdm.link/slashdot
> >>>>>>> _______________________________________________
> >>>>>>> Inkscape-board mailing list
> >>>>>>> [email protected]
> >>>>>>> https://lists.sourceforge.net/lists/listinfo/inkscape-board
> >>>>
> >>>> -- 
> >>>> Brett Smith
> >>>>
> >>>> ------------------------------------------------------------------------------
> >>>> Check out the vibrant tech community on one of the world's most
> >>>> engaging tech sites, Slashdot.org! http://sdm.link/slashdot
> >>>> _______________________________________________
> >>>> Inkscape-board mailing list
> >>>> [email protected]
> >>>> https://lists.sourceforge.net/lists/listinfo/inkscape-board
> >>> ------------------------------------------------------------------------------
> >>> Check out the vibrant tech community on one of the world's most
> >>> engaging tech sites, Slashdot.org! http://sdm.link/slashdot
> >>> _______________________________________________
> >>> Inkscape-board mailing list
> >>> [email protected]
> >>> https://lists.sourceforge.net/lists/listinfo/inkscape-board
> 
> 
> -- 
> Brett Smith

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