Re: [REPORT] Apache C++ Standard Library (stdcxx)

2012-09-13 Thread Jim Jagielski

On Sep 12, 2012, at 9:51 AM, C. Bergström cbergst...@pathscale.com wrote:

 On 09/12/12 05:39 PM, Jim Jagielski wrote:
 DESCRIPTION
 
 * There was some licensing FUD discussed on the list, mostly to promote
   a rationale for moving the project elsewhere and/or releasing
   stdcxx under a different license. This has (hopefully) been clarified.
 You willfully ignore the point and there is a clear need for an actionable 
 item here.  Should someone email legal-discuss or what's the correct process 
 for this?

What actionable item?

 ---
 Once again - This is not about *my* views, your views or your cousin bob's 
 views.  If/when STDCXX ships to a large community of users their views may 
 differ - At the very least the FSF has clearly stated their views which gives 
 *others* concern.  This point of objection needs to be resolved and we 
 appreciate your help in doing so.
 



Re: [REPORT] Apache C++ Standard Library (stdcxx)

2012-09-13 Thread Jim Jagielski

On Sep 13, 2012, at 8:06 AM, Jim Jagielski j...@jagunet.com wrote:

 
 On Sep 12, 2012, at 9:51 AM, C. Bergström cbergst...@pathscale.com wrote:
 
 On 09/12/12 05:39 PM, Jim Jagielski wrote:
 DESCRIPTION
 
 * There was some licensing FUD discussed on the list, mostly to promote
  a rationale for moving the project elsewhere and/or releasing
  stdcxx under a different license. This has (hopefully) been clarified.
 You willfully ignore the point and there is a clear need for an actionable 
 item here.  Should someone email legal-discuss or what's the correct process 
 for this?
 
 What actionable item?
 
 ---
 Once again - This is not about *my* views, your views or your cousin bob's 
 views.  If/when STDCXX ships to a large community of users their views may 
 differ - At the very least the FSF has clearly stated their views which 
 gives *others* concern.  This point of objection needs to be resolved and we 
 appreciate your help in doing so.
 
 

Is this all about your point of view that even though Apache stdcxx
is designed as a library, esp as a system library, that GPLv2 programs
cannot use and link to it because the FSF says that the ALv2
is incompatible w/ GPLv2? And all this despite the fact that
GPLv2 makes specific accommodations for system libraries...

Is that the actionable item of which you speak? You want the
ASF to verify something in the GPLv2?

Re: [REPORT] Apache C++ Standard Library (stdcxx)

2012-09-13 Thread Jim Jagielski

On Sep 13, 2012, at 8:43 AM, Jim Jagielski j...@jagunet.com wrote:
 
 Is this all about your point of view that even though Apache stdcxx
 is designed as a library, esp as a system library, that GPLv2 programs
 cannot use and link to it because the FSF says that the ALv2
 is incompatible w/ GPLv2? And all this despite the fact that
 GPLv2 makes specific accommodations for system libraries...
 
 Is that the actionable item of which you speak? You want the
 ASF to verify something in the GPLv2?

FWIW (for completeness) let me state that *every* lawyer I've
spoken to says that since stdcxx is designed *AS* a system
library, and as a *standard* system library, the whole GPLv2
and ALv2 licenses are incompatible argument is completely moot.

The idea that one could not, for example, replace the current stdcxx
library in FreeBSD with Apache stdcxx *because of the GPLv2 and ALv2
license incompatibility* is completely bogus. Since this basic
argument is baseless, the idea that somehow stdcxx needs to be
licensed under something else *because of this* is also bogus.

PS: Even if the stdcxx library was under a commercial license, and/or
completely proprietary, since it would be a standard, system
library, GPLv2 applications would *still* be able to link
to it... The GPL does NOT force system libs to even be
open source.


Re: [REPORT] Apache C++ Standard Library (stdcxx)

2012-09-13 Thread C. Bergström

On 09/13/12 11:40 PM, Jim Jagielski wrote:

On Sep 13, 2012, at 8:43 AM, Jim Jagielskij...@jagunet.com  wrote:

Is this all about your point of view that even though Apache stdcxx
is designed as a library, esp as a system library, that GPLv2 programs
cannot use and link to it because the FSF says that the ALv2
is incompatible w/ GPLv2? And all this despite the fact that
GPLv2 makes specific accommodations for system libraries...

Is that the actionable item of which you speak? You want the
ASF to verify something in the GPLv2?

FWIW (for completeness) let me state that *every* lawyer I've
spoken to says that since stdcxx is designed *AS* a system
library, and as a *standard* system library, the whole GPLv2
and ALv2 licenses are incompatible argument is completely moot.

The idea that one could not, for example, replace the current stdcxx
library in FreeBSD with Apache stdcxx *because of the GPLv2 and ALv2
license incompatibility* is completely bogus. Since this basic
argument is baseless, the idea that somehow stdcxx needs to be
licensed under something else *because of this* is also bogus.

PS: Even if the stdcxx library was under a commercial license, and/or
 completely proprietary, since it would be a standard, system
 library, GPLv2 applications would *still* be able to link
 to it... The GPL does NOT force system libs to even be
 open source.
We appreciate you telling the choir, but it doesn't help resolve this.  
How to best proceed?  Is legal-discuss the best way to go forward or 
something else?


[System lib exception was of course brought up during the BSD 
discussion, but it was said that system libraries are usually shipped by 
default with the system.  This may not always be the case with STDCXX.]


Re: [REPORT] Apache C++ Standard Library (stdcxx)

2012-09-13 Thread C. Bergström

On 09/13/12 07:43 PM, Jim Jagielski wrote:
Is that the actionable item of which you speak? You want the ASF to 
verify something in the GPLv2? 
No - We want to discuss the Apache foundation transferring their rights 
granted under the contributor agreement to another open source foundation.


Re: [REPORT] Apache C++ Standard Library (stdcxx)

2012-09-13 Thread Stefan Teleman
On Thu, Sep 13, 2012 at 1:12 PM, C. Bergström
cbergst...@pathscale.com wrote:

 [System lib exception was of course brought up during the BSD discussion,
 but it was said that system libraries are usually shipped by default with
 the system.  This may not always be the case with STDCXX.]

In order to best answer this questions, could one of the BSD Internet
Attorneys please provide the legal definitions for the following
terms:

1. system
2. libraries
3. are
4. usually
5. shipped
6. by
7. default
8. with
9. the

Thank you.

--Stefan

-- 
Stefan Teleman
KDE e.V.
stefan.tele...@gmail.com


Re: [REPORT] Apache C++ Standard Library (stdcxx)

2012-09-13 Thread Jim Jagielski

On Sep 13, 2012, at 1:24 PM, C. Bergström cbergst...@pathscale.com wrote:

 On 09/13/12 07:43 PM, Jim Jagielski wrote:
 Is that the actionable item of which you speak? You want the ASF to verify 
 something in the GPLv2? 
 No - We want to discuss the Apache foundation transferring their rights 
 granted under the contributor agreement to another open source foundation.
 

As of now, I see no reason for such a discussion. The ALv2 allows for
forks and should the project decide that it no longer wishes to
be here, then a move to the Attic would be the topic of discussion
for *this* PMC. Anything else is, imo, premature and self-serving.

Re: [REPORT] Apache C++ Standard Library (stdcxx)

2012-09-13 Thread Jim Jagielski

On Sep 13, 2012, at 1:12 PM, C. Bergström cbergst...@pathscale.com wrote:
 We appreciate you telling the choir, but it doesn't help resolve this.  How 
 to best proceed?  Is legal-discuss the best way to go forward or something 
 else?
 

Why? What are you looking for? And who is the expected audience?

Again, I have no desire to use Apache legal resources to resolve or
discuss issues that the PMC itself does not have. I see this
as your own personal venture, in which case you are free to use
your own resources.

If, however, you can formally and officially connect us with someone
who is refusing to use/bundle Apache stdcxx (and has the authority
to make such a decision), then the use of legal-discuss would be
warranted.



Re: [REPORT] Apache C++ Standard Library (stdcxx)

2012-09-13 Thread Jim Jagielski
Sorry. I've been Reply-All'ing.

On Sep 13, 2012, at 1:31 PM, Doug Cutting cutt...@apache.org wrote:

 On Thu, Sep 13, 2012 at 10:12 AM, C. Bergström
 cbergst...@pathscale.com wrote:
 Is legal-discuss the best way to go forward or something else?
 
 I'm not sure what the question is, but it doesn't seem like a question
 for board@.  Legal questions are handled by Apache's legal affairs
 team.  If you don't see this addressed in
 http://www.apache.org/legal/resolved.html then file an issue at
 https://issues.apache.org/jira/browse/LEGAL.
 
 Doug
 



Re: [REPORT] Apache C++ Standard Library (stdcxx)

2012-09-12 Thread C. Bergström

On 09/12/12 05:39 PM, Jim Jagielski wrote:

DESCRIPTION

* There was some licensing FUD discussed on the list, mostly to promote
   a rationale for moving the project elsewhere and/or releasing
   stdcxx under a different license. This has (hopefully) been clarified.
You willfully ignore the point and there is a clear need for an 
actionable item here.  Should someone email legal-discuss or what's the 
correct process for this?

---
Once again - This is not about *my* views, your views or your cousin 
bob's views.  If/when STDCXX ships to a large community of users their 
views may differ - At the very least the FSF has clearly stated their 
views which gives *others* concern.  This point of objection needs to be 
resolved and we appreciate your help in doing so.