Re: How documentation != code, and how to do policy (was: Re: Publishing api docs for Subversion)

2009-12-08 Thread Leo Simons
On Tue, Dec 8, 2009 at 5:16 AM, Niclas Hedhman nic...@hedhman.org wrote:
 this is also the case for Nightly Builds, accessible by the
 public; Legally they are publishing to the public (i.e. opposite of
 'for private use') and bound by licenses and agreements.
 And finally, from Copyright law perspective, you are right that code
 and text is effectively the same thing, but that code has a common
 tendency to be depending on other work, introducing licensing into the
 legal mix. I think it was Leo who also pointed out that Trademarks is
 an additional legal aspect of it.

I have no idea what it you mean exactly, but I'm pretty sure I said
nothing about nightly builds and I said nothing about trademarks.
Here's some of what was said just a few e-mails back:

 Doug:
  What's special about documentation?

Leo:
 (...) Less legal risk (...), generally not subject to patent concern

which I probably should not have said since I didn't back it up with a
reasonable reference. Sorry about that.

cheers,

Leo

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Re: How documentation != code, and how to do policy (was: Re: Publishing api docs for Subversion)

2009-12-08 Thread Joe Schaefer
- Original Message 

 From: Niclas Hedhman nic...@hedhman.org
 To: general@incubator.apache.org
 Sent: Tue, December 8, 2009 1:03:51 AM
 Subject: Re: How documentation != code, and how to do policy (was: Re:  
 Publishing api docs for Subversion)
 
 On Tue, Dec 8, 2009 at 1:37 PM, Joe Schaefer wrote:
  There's also a world of difference between worldwide distribution
  and distribution to a self-selected subgroup.
 
 You are right that it is a big IMHO of everything here, but
 self-selected subgroup is not a legal term in copyrighted material
 either. So, no clue of who has no clue ;-)
 Either it is available to the public or it is not. And as I mentioned,
 in EU people at your work place are public and not private, vs
 friends are private. Now that definition probably differs in
 different jurisdictions, so if you have credential requirements then
 you are in a different, more 'at work'-like situation. The fact that
 anyone can download makes it public no matter how you look at it.
 

You keep bringing up this point as if it were somehow relevant to the
discussion.  Noone is disputing that these are public works, what is 
being disputed is the nature of the work and the scope of the distribution.

 Liability considerations, not sure what you are trying to hint, or
 whether you just try to toss me off the track... It is easy to be
 vague and sound educated.

Well do a little looking into how the RIA is prosecuting copyright offenses
and you'll see that damages are assessed according to the number of
offenses.  That is a liability consideration- courts will laugh at the RIA
for attempting to prosecute file-sharers with relatively few known distributions
of copyrighted material.  And that distinction is the main point the ASF is
trying to establish with dev-only distributions vs. world-wide distributions
(aka releases), ideally that an aggrieved copyright holder's redress would be
limited to pulling the offending material in the case of a dev-only 
distribution.
Is this a court-tested principle? Of course not, but that doesn't make the 
concept
or its pursuit invalid.


  

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Re: How documentation != code, and how to do policy (was: Re: Publishing api docs for Subversion)

2009-12-07 Thread Doug Cutting

Leo Simons wrote:

So, subversion publishes their trunk API docs nightly, for the
convenience of their own developers and the surrounding tool developer
community. All those people mostly want trunk API docs, and they want
them mostly so they don't have to run doxygen themselves. There's
really no need to protect the normal users of the subversion website
from bad API docs, they won't be using those docs at all.


It's fine to make nightly builds available, including of documentation. 
 All I'm suggesting is that, just as nightly builds should not be 
linked to from the general download page, nightly documentation should 
not be linked to from the general documentation page.  Both, like links 
to ViewVC, should only be linked to from developer-specific pages.



The best response in this case is probably to look for a similar
project around the ASF that has already figured out a similar process
and see if things are compatible. Like, httpd or apr. Ah, they do the
same. Cool, done.


Just because HTTPD or any other project does something does not always 
mean it's best practice.  It often does, but, in this case, I think 
adding dev to a link in the sidebar is a poor substitute for moving 
this link to http://httpd.apache.org/dev/.



If you have an idea about what the policy is, check your idea against
the extensive docs on www.apache.org/dev/ and incubator.apache.org. If
your idea is in there, point people at the documented policy.


I believe I cited this earlier in the thread:

http://www.apache.org/dev/release.html#what

Do not include any links on the project website that might encourage 
non-developers to download and use nightly builds, snapshots, release 
candidates, or any other similar package.


This is motivated by legal reasons.  Copyright and license issues are 
possible for documentation as well as code, so I see no reason to make 
an exception for nightly documentation builds.



Always remember the incubator is not here to invent policy and apply
it to incubating projects. The incubator is here to help incubating
projects navigate the ASF so they can create and distribute software
ASF style.


I'm not inventing policy.  I'm describing the way every project I'm 
involved with operates and interpreting the rules posted at 
http://www.apache.org/dev/.


Doug

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Re: How documentation != code, and how to do policy (was: Re: Publishing api docs for Subversion)

2009-12-07 Thread Niall Pemberton
On Mon, Dec 7, 2009 at 7:03 PM, Doug Cutting cutt...@apache.org wrote:
 Leo Simons wrote:

 So, subversion publishes their trunk API docs nightly, for the
 convenience of their own developers and the surrounding tool developer
 community. All those people mostly want trunk API docs, and they want
 them mostly so they don't have to run doxygen themselves. There's
 really no need to protect the normal users of the subversion website
 from bad API docs, they won't be using those docs at all.

 It's fine to make nightly builds available, including of documentation.  All
 I'm suggesting is that, just as nightly builds should not be linked to from
 the general download page, nightly documentation should not be linked to
 from the general documentation page.  Both, like links to ViewVC, should
 only be linked to from developer-specific pages.

 The best response in this case is probably to look for a similar
 project around the ASF that has already figured out a similar process
 and see if things are compatible. Like, httpd or apr. Ah, they do the
 same. Cool, done.

 Just because HTTPD or any other project does something does not always mean
 it's best practice.  It often does, but, in this case, I think adding dev
 to a link in the sidebar is a poor substitute for moving this link to
 http://httpd.apache.org/dev/.

 If you have an idea about what the policy is, check your idea against
 the extensive docs on www.apache.org/dev/ and incubator.apache.org. If
 your idea is in there, point people at the documented policy.

 I believe I cited this earlier in the thread:

 http://www.apache.org/dev/release.html#what

 Do not include any links on the project website that might encourage
 non-developers to download and use nightly builds, snapshots, release
 candidates, or any other similar package.

 This is motivated by legal reasons.  Copyright and license issues are
 possible for documentation as well as code, so I see no reason to make an
 exception for nightly documentation builds.

 Always remember the incubator is not here to invent policy and apply
 it to incubating projects. The incubator is here to help incubating
 projects navigate the ASF so they can create and distribute software
 ASF style.

 I'm not inventing policy.  I'm describing the way every project I'm involved
 with operates and interpreting the rules posted at
 http://www.apache.org/dev/.

You're representing something as policy that is not. You're taking a
policy that applies to release artifacts and stretching it to
something it wasn't intended to cover. In the absence of specific
policy then *objections* are out of order since its up to the PMC of a
project to decide these things. We also have a responsibility here to
not make incubating projects cry and weep and wonder why they ever
wanted to join the ASF - which threads like this over where to put a
link on their site must surely do.

Niall

 Doug

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Re: How documentation != code, and how to do policy (was: Re: Publishing api docs for Subversion)

2009-12-07 Thread Doug Cutting

Niall Pemberton wrote:

You're taking a
policy that applies to release artifacts and stretching it to
something it wasn't intended to cover.


Applying the rules for releases to significant subsets of releases 
doesn't seem like much of a stretch to me.  Subsets are subject to the 
same copyright and license concerns, the motivations for the rules.



In the absence of specific
policy then *objections* are out of order since its up to the PMC of a
project to decide these things.


What?  I can't state what I believe to be a best practice?

I have not objected to anything.  Someone asked about posting 
pre-release documentation, and I remarked that, like pre-release code, 
they should keep it distant from released documentation, ideally only 
linked from the developer portion of their site.  Is that really a bad idea?


Doug

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Re: How documentation != code, and how to do policy (was: Re: Publishing api docs for Subversion)

2009-12-07 Thread Doug Cutting

Doug Cutting wrote:

 In the absence of specific policy then *objections* are out of order
I have not objected to anything.


Forgive me.  I did in fact use the verb object in a prior message:


   * Do you object to publishing non-released documentation on the
 project Web pages?

I object to posting these outside of a clearly-marked developer portion of the 
project's web site.


I didn't mean this as a veto or formal objection. I was rather using a 
parallel construction to better make clear my view.  I meant this in the 
informal sense that I would argue this is not the best approach.


Sorry for any misunderstanding.

Doug

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Re: How documentation != code, and how to do policy (was: Re: Publishing api docs for Subversion)

2009-12-07 Thread Niclas Hedhman
On Tue, Dec 8, 2009 at 3:03 AM, Doug Cutting cutt...@apache.org wrote:

 It's fine to make nightly builds available, including of documentation.  All
 I'm suggesting is that, just as nightly builds should not be linked to from
 the general download page, nightly documentation should not be linked to
 from the general documentation page.  Both, like links to ViewVC, should
 only be linked to from developer-specific pages.

Well, depends on what you are talking about. From a legal perspective
there is no difference between developer pages and public pages,
as long as they are both accessible without login. IMHO, I would claim
that this is also the case for Nightly Builds, accessible by the
public; Legally they are publishing to the public (i.e. opposite of
'for private use') and bound by licenses and agreements.
And finally, from Copyright law perspective, you are right that code
and text is effectively the same thing, but that code has a common
tendency to be depending on other work, introducing licensing into the
legal mix. I think it was Leo who also pointed out that Trademarks is
an additional legal aspect of it. Nevertheless, nightly builds is IMHO
from a legal perspective an act of making available to the public
regardless whether that is in the developer section or not.

So, any policy in the area is not really bound in the legal space, and
more in the 'representation of ASF'-space.


Cheers
-- 
Niclas Hedhman, Software Developer
http://www.qi4j.org - New Energy for Java

I  live here; http://tinyurl.com/2qq9er
I  work here; http://tinyurl.com/2ymelc
I relax here; http://tinyurl.com/2cgsug

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Re: How documentation != code, and how to do policy (was: Re: Publishing api docs for Subversion)

2009-12-07 Thread William A. Rowe Jr.
Niclas Hedhman wrote:
 
 So, any policy in the area is not really bound in the legal space, and
 more in the 'representation of ASF'-space.

No, there is a legal distinction between work-product (the intermediate
steps) and a publication.  Posts like this might attempt to muddy the
distinction, so it's our job to communicate to the general public which
bucket is which, and where they can find them.

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Re: How documentation != code, and how to do policy (was: Re: Publishing api docs for Subversion)

2009-12-07 Thread Joe Schaefer
There's also a world of difference between worldwide distribution
and distribution to a self-selected subgroup.  Niclas has no clue
what he's talking about when liability considerations are factored in,
and as this is not a list where legal council for the ASF makes itself
available I suggest his words be considered with a big fat IMHO around
them.



- Original Message 
 From: William A. Rowe Jr. wr...@rowe-clan.net
 To: general@incubator.apache.org
 Sent: Tue, December 8, 2009 12:29:42 AM
 Subject: Re: How documentation != code, and how to do policy (was: Re:  
 Publishing api docs for Subversion)
 
 Niclas Hedhman wrote:
  
  So, any policy in the area is not really bound in the legal space, and
  more in the 'representation of ASF'-space.
 
 No, there is a legal distinction between work-product (the intermediate
 steps) and a publication.  Posts like this might attempt to muddy the
 distinction, so it's our job to communicate to the general public which
 bucket is which, and where they can find them.
 
 -
 To unsubscribe, e-mail: general-unsubscr...@incubator.apache.org
 For additional commands, e-mail: general-h...@incubator.apache.org



  

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Re: How documentation != code, and how to do policy (was: Re: Publishing api docs for Subversion)

2009-12-07 Thread Niclas Hedhman
On Tue, Dec 8, 2009 at 1:29 PM, William A. Rowe Jr. wr...@rowe-clan.net wrote:
 Niclas Hedhman wrote:

 So, any policy in the area is not really bound in the legal space, and
 more in the 'representation of ASF'-space.

 No, there is a legal distinction between work-product (the intermediate
 steps) and a publication.  Posts like this might attempt to muddy the
 distinction, so it's our job to communicate to the general public which
 bucket is which, and where they can find them.

U So this is a USA-specific concept?

From my experience (Sweden, now under EU Law), there is two central
concepts (regarding publish) of work under Copyright; a) Right to
Copy, b) Making available to the public vs private use.
For instance; I have the right to copy a CD for private use, incl
giving it to a friend. I don't have the right to copy a CD and make it
available to the public, not even work colleagues.
Apache's dev section is not private use and therefor would fall
under making available to the public.

Absurd Example; I have obtained the right to make derivative work
(for instance paying money for it) of a famous song, with some strong
restrictions. The end result will be a freely downloadable work. So, I
create my work-product which is the original song, and have that
available to the public for download No way that there is room in
the law for that... Because then you could claim, Oh, this full copy
of the book is 'work-product' since I will have an excerpt under 'fair
use' in my book, and the full book will not be part of the end
result.

Sorry, I don't buy it, that US law can be that flimsy. My guess is
that work-product is only applicable in closed environments (i.e.
not public), but I think you need to point me to the legislation in
question.


Cheers
-- 
Niclas Hedhman, Software Developer
http://www.qi4j.org - New Energy for Java

I  live here; http://tinyurl.com/2qq9er
I  work here; http://tinyurl.com/2ymelc
I relax here; http://tinyurl.com/2cgsug

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Re: How documentation != code, and how to do policy (was: Re: Publishing api docs for Subversion)

2009-12-07 Thread Niclas Hedhman
On Tue, Dec 8, 2009 at 1:37 PM, Joe Schaefer joe_schae...@yahoo.com wrote:
 There's also a world of difference between worldwide distribution
 and distribution to a self-selected subgroup.

You are right that it is a big IMHO of everything here, but
self-selected subgroup is not a legal term in copyrighted material
either. So, no clue of who has no clue ;-)
Either it is available to the public or it is not. And as I mentioned,
in EU people at your work place are public and not private, vs
friends are private. Now that definition probably differs in
different jurisdictions, so if you have credential requirements then
you are in a different, more 'at work'-like situation. The fact that
anyone can download makes it public no matter how you look at it.

Liability considerations, not sure what you are trying to hint, or
whether you just try to toss me off the track... It is easy to be
vague and sound educated.


Cheers
-- 
Niclas Hedhman, Software Developer
http://www.qi4j.org - New Energy for Java

I  live here; http://tinyurl.com/2qq9er
I  work here; http://tinyurl.com/2ymelc
I relax here; http://tinyurl.com/2cgsug

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How documentation != code, and how to do policy (was: Re: Publishing api docs for Subversion)

2009-12-05 Thread Leo Simons
Hey hey,

I wasn't going to say anything but since this is dragging on...

On Sat, Dec 5, 2009 at 1:08 AM, Doug Cutting cutt...@apache.org wrote:
 Would we permit someone to mirror other files from trunk on the website?

Yes, definitely. Most projects publish their websites by pushing files
into SVN. Many projects automate this - commit an xml file, its turned
into html and published online. That is in fact the encouraged
process, though we do allow other mechanisms (like a plugin which
takes confluence content and pushes that out automatically).

  What's special about documentation?

Less legal risk, less risk that anyone puts a bug in docs that crashes
a users computer or corrupts their data or takes down the internet,
generally not subject to patent concern, less desire for the general
public to fork and redistribute, and much more. Like, barriers to
working on it have to be as low as possible or no-one will do it,
people inclined to work on docs are often less technical, etc etc.

Perhaps it helps to flip the question around: what is special about
(source) code? And the answer is: lots :)

 its changes are subject to vetos, etc.

Not on most of the projects I work on! Most projects use lazy
consensus for documentation. I don't think I have *ever* seen someone
veto a documentation patch.

snip/
 It's otherwise treated just like code.

Well, in some ways (that you pointed out) docs are treated a lot like
code, and in many other ways they aren't.

 Publication  release are two different things - thats the point.

 I don't see that yet.  Can you tell me more about the difference?  I use
 publish, distribute and release more or less synonymously when
 referring to project content.

I'd say we don't really have precise definitions that will provide you
with a model explaining exactly what is and isn't ok in the general
case, and I think it won't help to look for it either. Instead,
judgement should be applied to the specific case.

 Subversion contains only working drafts.

And stable branches and release tags and documentation and websites
and quickbooks and contact info and meeting minutes and ... We use
subversion for nearly everything that needs to be auditable and be
backed up and be collaboratively edited. We don't always particularly
care about the versioning bit :)

But, for the sake of illustration, let's do a mental exercise.


The ASF does creation and distribution of software to the general
public. When we say software we mostly mean source code (and some
binaries for convenience). Pretty much everything around here is
structured to support this creation and distribution of software.

There's a variety of supporting things, like websites, incubators, an
org structure, various committees, conferences, etc. All of it
supports creation and distribution of our software.

What constitutes the software that a project releases to the public
depends on that project.

Subversion is one project, it has a website and it creates software
which it distributes. Subversion releases a single tarball of (mostly
C) source code with some build scripts and whatnot. Running the build
produces an apache module, a server program, a client program and some
utilities. Subversion's users then install this software on their
system and use it. Most subversion users probably get a pre-built
binary from a third party.

The subversion project provides a manual for how to install and use
svn on its website, but I suspect most users will actually use the svn
book.

There is a relatively small side activity for subversion which
involves using its libraries and APIs to build custom client software
that interacts with a subversion server (or perhaps even extend the
server though I think very few people do that). For this activity, you
need the API docs we're talking about here. Of course, the subversion
developers themselves need those API docs too.

It's a fair assumption that the expert developer people using these
API docs know *quite a lot* about subversion already, including about
its versioning and compatibility policies, how to download releases
and code out of svn, etc etc. It's also a fair assumption that the
most important API to develop against is in fact the SVN trunk API.

So, subversion publishes their trunk API docs nightly, for the
convenience of their own developers and the surrounding tool developer
community. All those people mostly want trunk API docs, and they want
them mostly so they don't have to run doxygen themselves. There's
really no need to protect the normal users of the subversion website
from bad API docs, they won't be using those docs at all.


Now, the point of this long story: subversion as a community has
thought about all this and are evidently doing a pretty good job at
keeping users and wider developer community (well perhaps not the java
dev community who are afraid of native code :-D ) happy.


Within all this context, one of the subversion developers (or this I
assume) asked a