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On Wed, Feb 3, 2010 at 11:49 PM, Evan Hoff <[email protected]> wrote:

> You actually have the same problem on the non-monetary front as well.  For
> example, things like copyright and IP also pose an ownership gray area for
> open-source projects (although this is YAGNI for 99% of them).
>
> What, for example, would happen if someone took the source and then decided
> to violate the license commercially?  Would it take an individual
> committer's lawsuit to enforce the license agreement and IP of NHibernate?
>
> We go to the EFF, and let them sort it out.
BTW, you CAN sell NH commercially, you just have to comply with the license.

In general, I believe that the community response would be an
effective deterrent against this, and if you are at court, you've already
lost, so I don't worry about this.


> I'm not saying NHibernate definitely needs a non-profit, but I just wanted
> to point out the other side of the coin.
>
> I can, however, recommend this book (which I'm in the middle of reading):
>
> http://www.amazon.com/Intellectual-Property-Open-Source-Protecting/dp/0596517963
>
> In addition to the IP argument, there is probably also a liability argument
> (around who gets the lawsuit from a sue-happy ignoramus).  And yes, I know
> the license covers this, but that doesn't stop a stupid company from
> attempting a lawsuit anyway.
>

Read the license :-)

THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.

Now, they could try to sue, but *not* having anyone to sue is actually a
good thing here.


>
> Just a few thoughts..
>
> Evan
>
>
> On Wed, Feb 3, 2010 at 3:23 PM, Steve Strong <[email protected]> wrote:
>
>>  Completely agree.  What we need is some form of organisation that's
>> already setup to receive & distribute funds of this nature...
>>
>> On 03/02/2010 22:20, Fabio Maulo wrote:
>>
>> btw my friends... before create too much noise we should have a look to
>> the past experience...
>>
>>  For JBoss NH was not a business.
>> My personal experience with iMeta-NH-Professional support is 0 (zero).
>>
>>  Perhaps we are talking about how distribute 0U$D... so... YAGNI can be
>> applied even here, No ?
>>
>> 2010/2/3 Davy Brion <[email protected]>
>>
>>> +10
>>>
>>>
>>> On Wed, Feb 3, 2010 at 10:13 PM, Fabio Maulo <[email protected]>wrote:
>>>
>>>> and sine when to donate time is different than donate money ?
>>>> Wasn't Steve's time paid ?
>>>> Sergej was hired (probably as Steve is a iMeta's employee), sure, and
>>>> that is a little bit different than donate and receive an invoice.
>>>>
>>>>  Suppositions:
>>>> Tomorrow the XYZ company is available to pay 3 months of Richard's time
>>>> to work in NH.
>>>> After tomorrow the ZYX company is available to pay 3 weeks of Tuna's
>>>> time to work in NH.
>>>> ranlix company is available to spent 3 days of Davy's time to fix
>>>> something or develop a new feature.
>>>>
>>>>  My point is that, so far, NH have received donations directly paid to
>>>> a person with a clear agreement .
>>>> Everything can continue working in the same way... to manage any kind
>>>> of amount, for 1U$D up, is not so easy without a real Organization behind
>>>> the funds.
>>>>
>>>> 2010/2/3 Ayende Rahien <[email protected]>
>>>>
>>>>> Fabio,
>>>>> IIRC, Sergej was hired by JBoss, then shortly after put to work on
>>>>> other things.
>>>>>  iMeta's donation was of time, not money. That makes it easier to
>>>>> manage.
>>>>>
>>>>>
>>>>> On Wed, Feb 3, 2010 at 10:46 PM, Fabio Maulo <[email protected]>wrote:
>>>>>
>>>>>> What was around one year of Sergej full time development ?
>>>>>> What was 3 man-moths (or even more) full time development donated by
>>>>>> iMeta ?
>>>>>>
>>>>>> 2010/2/3 Ayende Rahien <[email protected]>
>>>>>>
>>>>>>  Were there any donations
>>>>>>>
>>>>>>>
>>>>>>> On Wed, Feb 3, 2010 at 10:38 PM, Fabio Maulo 
>>>>>>> <[email protected]>wrote:
>>>>>>>
>>>>>>>> Can we take the recent past and no so recent past, of NHibernate
>>>>>>>> "donations", as example of a possible funds management ?
>>>>>>>>
>>>>>>>> 2010/2/3 Davy Brion <[email protected]>
>>>>>>>>
>>>>>>>> personally, i don't think the money should go to the committers...
>>>>>>>>> yeah, we do work on it for free but most of us do it because we 
>>>>>>>>> _want_ to
>>>>>>>>> work on it, not because it might someday pay some bills
>>>>>>>>>
>>>>>>>>> i would vote for spending the money on infrastructure... a faster
>>>>>>>>> jira server, a faster svn server, things like that...
>>>>>>>>>
>>>>>>>>> On Wed, Feb 3, 2010 at 9:04 PM, Steve Strong 
>>>>>>>>> <[email protected]>wrote:
>>>>>>>>>
>>>>>>>>>> I think the idea is a great one, particularly the offer to match
>>>>>>>>>> donations - very kind! I do have a couple of comments - firstly, 
>>>>>>>>>> whenever
>>>>>>>>>> money gets involved, some people have a tendency to loose sight of 
>>>>>>>>>> reality
>>>>>>>>>> and start seeing $$$ signs in front of their eyes.  Given that, I 
>>>>>>>>>> would
>>>>>>>>>> suggest that we as a group define the rules for how this works prior 
>>>>>>>>>> to
>>>>>>>>>> taking donations - that way, everyone (us and those donating) 
>>>>>>>>>> understand
>>>>>>>>>> where the money is going and we don't end up in pointless arguments. 
>>>>>>>>>>  I
>>>>>>>>>> suspect the levels of money won't be all that high, but you never 
>>>>>>>>>> can tell
>>>>>>>>>> and knowing how it is to be distributed is important.  I think we 
>>>>>>>>>> need to
>>>>>>>>>> answer questions like:
>>>>>>>>>>
>>>>>>>>>>    - Who is eligible for the money?  Any committer? Only "active"
>>>>>>>>>>    committers?  What defines "active"?
>>>>>>>>>>    - How is the money split? Do all committers (however that's
>>>>>>>>>>    defined) get the same amount?  Is it split by number of commits?  
>>>>>>>>>> Number of
>>>>>>>>>>    lines of code changed?
>>>>>>>>>>    - Who owns the bank account?  Who has visibility of it?  Is it
>>>>>>>>>>    available for public viewing?
>>>>>>>>>>    - Do we have any other needs for money other than just
>>>>>>>>>>    distributing it amongst individuals?  Should we keep a pot for 
>>>>>>>>>> "NHibernate"
>>>>>>>>>>    activities, such as perhaps sponsoring the occasional conference? 
>>>>>>>>>>  Hell, if
>>>>>>>>>>    there's enough cash we could even have an NHibernate stand! 
>>>>>>>>>> NHibernate
>>>>>>>>>>    T-Shirts & Mugs anyone?!
>>>>>>>>>>
>>>>>>>>>> Secondly, I don't see why you shouldn't take a share of this
>>>>>>>>>> Ayende - you have made many contributions to the project, and I see 
>>>>>>>>>> NHProf
>>>>>>>>>> as something different.  Although your *knowledge* of NH helped you 
>>>>>>>>>> write
>>>>>>>>>> it, there was nothing about being a committer that made it possible. 
>>>>>>>>>>  Anyone
>>>>>>>>>> else *could* have written NHProf without being a committer if they'd 
>>>>>>>>>> had
>>>>>>>>>> both the idea and the ambition to take it forward. NHProf will make 
>>>>>>>>>> its own
>>>>>>>>>> money and has its own associated costs.  I don't really see the two 
>>>>>>>>>> (your
>>>>>>>>>> commercial activity with NHProf and your altruistic activity with 
>>>>>>>>>> NH) are
>>>>>>>>>> related.  If they are, then any one of us that undertakes commercial 
>>>>>>>>>> NH
>>>>>>>>>> consultancy or writes or contributes to an NH book etc. would also 
>>>>>>>>>> have to
>>>>>>>>>> come under the same rules.
>>>>>>>>>>
>>>>>>>>>> Any thoughts?
>>>>>>>>>>
>>>>>>>>>> Cheers,
>>>>>>>>>>
>>>>>>>>>> Steve
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>> On 03/02/2010 17:23, Ayende Rahien wrote:
>>>>>>>>>>
>>>>>>>>>>  Guys,
>>>>>>>>>>
>>>>>>>>>> I am setting up a donation campaign for NHibernate. As part of
>>>>>>>>>> that campaign, my company will donate 5,000$ for the project.
>>>>>>>>>>
>>>>>>>>>> Below is the text of the blog post that I intend to post. I would
>>>>>>>>>> like to get your comments and any suggestions on how to make this 
>>>>>>>>>> better.
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>>  NHibernate is the most popular Open Source Object Relational
>>>>>>>>>> Mapper in the .NET framework. As an Open Source project, all the 
>>>>>>>>>> work done
>>>>>>>>>> on it is done for free.  We would like to be able to dedicate more 
>>>>>>>>>> time to
>>>>>>>>>> NHibernate, but even as a labor of love, the amount of time that we 
>>>>>>>>>> can
>>>>>>>>>> spend on a free project is limited.
>>>>>>>>>>
>>>>>>>>>> In order to facilitate that, we opened a donation 
>>>>>>>>>> campaign<http://pledgie.com/campaigns/8615>that will allow you to 
>>>>>>>>>> donate money to the project.
>>>>>>>>>>
>>>>>>>>>> [image: Click here to lend your support to: NHibernate and make a
>>>>>>>>>> donation at www.pledgie.com !]<http://www.pledgie.com/campaigns/8615>
>>>>>>>>>>
>>>>>>>>>> *What is this money going to be used for?*
>>>>>>>>>>
>>>>>>>>>> This money will go directly to NHibernate committers, in order to
>>>>>>>>>> sponsor the development of NHibernate itself.
>>>>>>>>>>
>>>>>>>>>> As one caveat of that, none of that money is going to go to me
>>>>>>>>>> personally. As you are probably aware, I have my own commercial 
>>>>>>>>>> interest in
>>>>>>>>>> NHibernate (NHibernate Profiler <http://nhprof.com/>), so I don’t
>>>>>>>>>> feel I should benefit from the donations.
>>>>>>>>>>
>>>>>>>>>> *Donation Matching*
>>>>>>>>>>
>>>>>>>>>> Moreover, my company, Hibernating 
>>>>>>>>>> Rhinos<http://hibernatingrhinos.com/>,
>>>>>>>>>> is going to *match any donation *to this campaign (to a total
>>>>>>>>>> limit of 5,000$), as a way to give back to the NHibernate project 
>>>>>>>>>> for the
>>>>>>>>>> excellent software it produced.
>>>>>>>>>>
>>>>>>>>>> *Why should you donate?*
>>>>>>>>>>
>>>>>>>>>> If you are a user of NHibernate, you gained a lot from build on
>>>>>>>>>> such a solid foundation. We ask to you to donate so that we can make 
>>>>>>>>>> the
>>>>>>>>>> project even better. If your company uses NHibernate, ask it to 
>>>>>>>>>> donate to
>>>>>>>>>> this campaign.
>>>>>>>>>>
>>>>>>>>>>
>>>>>>>>>
>>>>>>>>
>>>>>>>>
>>>>>>>> --
>>>>>>>> Fabio Maulo
>>>>>>>>
>>>>>>>>
>>>>>>>
>>>>>>
>>>>>>
>>>>>> --
>>>>>> Fabio Maulo
>>>>>>
>>>>>>
>>>>>
>>>>
>>>>
>>>>  --
>>>> Fabio Maulo
>>>>
>>>>
>>>
>>
>>
>> --
>> Fabio Maulo
>>
>>
>
>
> --
> Evan Hoff
> [email protected]
> cell: 615.870.4302
>

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