Rich Teer (Mr. Chairman) and Honourable Representatives:

Earlier today I queried the OpenSolaris Governing Board (OGB), at the 
OGB open board meeting of 7 November 2007, as to the language of the 
text which the OGB will be voting upon on 12 noon PDT Friday, 9 
November. It appears, upon recent examination of ogb-discuss and the 
minutes, that the OGB did not finalize the text of the amendment ,or 
declaration or proclamation, which the board will be voting upon on 
Friday, 9 November 2007 at 11am PST. 

I can find a copy of Keith's recent draft posting, and a discussion of 
various possible edits.  I, personally and with the backing of my 
employer, have made a commitment upon behalf of Sun Microsystems as the 
executive representing Sun to the OpenSolaris Board to provide a Sun 
corporate position on the amendment before the board, yet I cannot find 
a definitive amendment that is to be voted upon by the board on 9 November.

As such I ask the OGB members themselves to provide direct comment and 
direction. 

Should Sun provide a corporate position on Keith's draft solely, (as 
contained herein)

This text is *UNDER CONSIDERATION* by the OGB as a possible position
for the board.  It has not been adopted by the OGB, nor does it
necessarily reflect any board member's position.

>/ Resolved, that the OGB make certain public statements and requests
/>/ concerning Project Indiana and distribution nomenclature.  This act
/>/ may be referenced as "OGB/2007/004 Trademark Usage and Distribution
/>/ Nomenclature".
/>/ 
/>/ The specific statements and requests shall be:
/>/ 
/>/ The OGB notes Sun's and the Indiana Project Team's recent
/>/ announcement[0] that a preview release of their distribution is now
/>/ available as the 'OpenSolaris Developer Preview'.  Unfortunately, this
/>/ choice of nomenclature implies that this prototype has been endorsed
/>/ by the OpenSolaris Community as the exclusive expression of our values
/>/ and intent.  Neither the community's Members nor the OGB have given
/>/ such an endorsement.
/>/ 
/>/ On behalf of the OpenSolaris Community, the OGB has therefore
/>/ determined that this choice of nomenclature is not appropriate at this
/>/ time.  We share Sun's commitment to the timely adoption and execution of a
/>/ fair and flexible policy governing use of the OpenSolaris trademark once
/>/ consensus has been achieved on that policy's desired terms.  We are
/>/ aware and supportive of the ongoing effort to achieve that
/>/ consensus[1] and will rely on its results when negotiating the final
/>/ agreement with Sun.  
/>/ 
/>/ Until that time, we ask that the OpenSolaris Community and Sun 
/>/ discontinue referring to any distribution in a way that implies
/>/ exclusive endorsement of the OpenSolaris Community.  Project Teams
/>/ are asked instead to use terms such as "a distribution of OpenSolaris
/>/ technology" or "a candidate OpenSolaris distribution".  We recognise the
/>/ commendable work done by distribution project teams and look forward 
/>/ to further constructive engagement with them to move forward on a policy
/>/ reflecting our shared values.
/>/ 
/>/ [0] 
http://mail.opensolaris.org/pipermail/opensolaris-discuss/2007-October/035322.html
/>/ 
/>/ [1] http://www.opensolaris.org/os/project/branding/
/

or should Sun assume that Alan's request for comments (see below)

Keith M Wesolowski wrote:
>/ This text is *UNDER CONSIDERATION* by the OGB as a possible position
/>/ for the board.  It has not been adopted by the OGB, nor does it
/>/ necessarily reflect any board member's position.
/
The OGB will be meeting again at the same time (noon PST) on Friday
to consider this text and any further amendments to it, so if anyone
would like to suggest improvements, please speak up in the next day or so.


implies a moving target. 

I shall, in good faith, endevour to do my best to provide a corporate 
response to Keith's base draft.  Additionally I shall attempt to 
incorporate any comments which come in prior to the timely production of 
Sun's position statment.  Should the material nature of the amendment, 
now under apparent discussion, change between the time which I provide 
Sun's position, and the board meet, I shall request, of the Chair at the 
9 November 2007 board meeting, for time at the board meeting to provide 
either additional, or modified, statements in response to the material 
change.

Sincerely,

William L. Franklin
Executive Director, Engineering
Sun Microsystems

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