I am not the one to answer that question.

It is a policy matter for the ASF and, I presume, a determination that also 
involves legal@ a.o.  

I don't have a ToU on my web sites, though many of the pages have Creative 
Commons 2.0 notices.  I require commenters to be registered to comment on my 
blogs, but I don't know there is a ToU that goes with any of those, although 
there might have been when Google Blogger was the publishing service.

But my needs (and responsibilities) are quite different than the those of the 
ASF in fulfilling its public-interest operation and how it respects the work of 
others.

I think it matters that the great majority of content that is already there was 
already published under terms of use.  There are legacy terms to deal with in 
now that material is dealt with and in how visitors can regard it without 
knowing when such material was contributed.

I think it matters that there are requests for permission to reuse materials on 
the site and it is not clear what standing the PPMC has to approve (or decline) 
such requests.

 - Dennis

PS: http://apache.org has a copyright notice, a license notice (and link), and 
trademark notice.  There is no notice of any kind in the <head> element of the 
HTML. The situation with the openoffice.org domains and their content is not so 
simple.

-----Original Message-----
From: Rob Weir [mailto:[email protected]] 
Sent: Sunday, July 15, 2012 18:55
To: [email protected]
Subject: Re: Terms of Service on Forums

On Sun, Jul 15, 2012 at 9:45 PM, Dennis E. Hamilton
<[email protected]> wrote:
> Um, yes, it definitely is the ASF that should be standing behind the ToU.  
> They're the only legal entity.
>
> Of CollabNet ToU, I know not.  The terms.mdtext that Kay found are very much 
> the ToU of the original openoffice.org site, with someone's tweaking.  So 
> Oracle used them.
>
> I think removing legalese is fine, until it become bad legalese.
>
> What more would you remove?
>

A thought experiment:  what if we removed 100%?  In other words, had
no ToU on the website.  Would anything bad happen?  What would the
risk be?  I don't see a ToU on www.apache.org, or in a spot check of
several high profile Apache projects.   Do we have some special risk
that they do not have that requires us to put additional legalese on
every website page?  Are they helping their users less than we are
ours?  How?

>  - Dennis
>
> PS: I notice there needs to be some improvement in what the terms apply to.  
> The found one did not mention forums.  I think it should be about the 
> openoffice.org domain and its subdomains.  incubator.apache.org/openofficeorg 
> is a different game.
>

If we do decide to go with ToU, one option would be to have a set of
"common terms" and then a list of additional terms which apply to only
particular services.  But personally, I'd toss it all out except
necessary notices for things like privacy and trademark.   We're not a
multi-billion dollar corporation and we don't need to armor our
website with legal terms like we are one.

-Rob


> -----Original Message-----
> From: Rob Weir [mailto:[email protected]]
> Sent: Sunday, July 15, 2012 17:44
> To: [email protected]
> Subject: Re: Terms of Service on Forums
>
> On Sun, Jul 15, 2012 at 8:11 PM, Dennis E. Hamilton
> <[email protected]> wrote:
>> @Kay
>>
>> Well, just to prove to myself that I can make use of the ASF CMS 
>> Bookmarklet, I edited the terms.html page.  [I didn't trigger publication 
>> though, so you may have to find them in the staging place.]
>>
>> Here are the essential changes I made:
>>
>> I eliminated AOO-PPMC as the authority, since it isn't.  I used the Apache 
>> Software Foundation as the HOST.
>>
>
> If  we think the ASF is the authority, then they should determine the
> ToU, right?
>
> In any case, this looks like the old CollabNet ToU, doesn't it?  It
> looks like Dave checked in last August.  It will fit our needs as much
> as a stranger's shoes would fit me.
>
> In any case, my original suggestion still applies: Let's stop trying
> to hack the legalese of existing ToU written by and for other
> organizations, since none of are lawyers and we do not understand
> fully how the parts fit together.  Instead, let's state, in plain
> English, what we want to cover in the ToU and then go to legal-discuss
> for the wordsmithing.
>
> -Rob
>
> [ ... ]
>>
>

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