On Jul 16, 2012, at 11:57 AM, Dennis E. Hamilton wrote:

> I have no idea why a page on the incubator.apache.org/openofficeorg structure 
> has terms that apply to the openoffice.org domain (and subdomains?).
> 
> I also have no idea why that page has an HTML <head> comment that offers 
> itself under ALv2, in conflict with the terms it states.
> 
> I have nothing further to add to this conversation.

Because it was a work in progress from an initial effort that you nixed for the 
reasons above. I stopped when you asserted the above.

Sorry, I never deleted it.

Regards,
Dave


> 
> - Dennis
> 
> -----Original Message-----
> From: Rob Weir [mailto:[email protected]] 
> Sent: Monday, July 16, 2012 04:50
> To: [email protected]
> Subject: Re: Terms of Service on Forums
> 
> On Sun, Jul 15, 2012 at 11:26 PM, Dennis E. Hamilton
> <[email protected]> wrote:
>> 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.
>> 
> 
> My point is that since other ASF and project sites do not have a ToU
> statement on them, then it is not necessary to have one to conform to
> ASF policies.
> 
>> 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.
>> 
> 
> Again, we don't see ToU on ASF sites.
> 
>> 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.
>> 
> 
> Actually, the specific example Kay brought up was our incubator site
> at http://incubator.apache.org/openofficeorg.  None of that had legacy
> terms.  It is all new stuff.  So why do we need ToU there?
> 
>> 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.
>> 
> 
> We *never* have standing to approve requests to reuse content.  We
> (the project) do not own content.  In most cases neither does the ASF.
> The most we can do is point users to an existing license.
> 
> -Rob
> 
> 
>> - 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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