Re: [VOTE] Copyright issue (ESME-47)

2010-01-22 Thread Robert Burrell Donkin
i've had time to take a brief look at the mailing lists and IMHO this
matter needs to be taken private (and i started the balls rolling for
that). i will issue a formal veto with both IPMC and legal hats on in
due course. i just wanted to know that i'm going to unsubscribe this
email address from these lists until this matter has been sorted out.

if you really feel you must contact me privately, please use my apache
address and note that i will be copying in board and legal on any
communications. i would much prefer members to use the appropriate
private lists. committers are going to need to ask their mentors.

(sorry guys this needs to be take private. the mentors will let you
know when we have a solution. i think ESME's really cool. we've
resolved similar issues before and i'm confident of a happy ending but
you may have to put up with some short term inconvenience.)

- robert

On Thu, Jan 21, 2010 at 6:29 AM, Bertrand Delacretaz
bdelacre...@apache.org wrote:
 On Wed, Jan 20, 2010 at 11:35 PM, Ethan Jewett esjew...@gmail.com wrote:
 Robert, can you please clarify your concerns:

 ...2. You are stating that having the notice in the file is dangerous. 
 How?...

 This vote suggests the following notice:

 3. A NOTICE file with the following text will be added:
 Apache Foo Incubating Code Copyright 2010 The Apache Software Foundation.
 This product includes software developed at The Apache Software Foundation
 (http://www.apache.org/).

 Apart from ESME instead of foo, I fail to see what could be wrong
 in that ;-)

 -Bertrand


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Re: [VOTE] Copyright issue (ESME-47)

2010-01-22 Thread Bertrand Delacretaz
On Fri, Jan 22, 2010 at 10:11 AM, Robert Burrell Donkin
robertburrelldon...@gmail.com wrote:
 i've had time to take a brief look at the mailing lists and IMHO this
 matter needs to be taken private (and i started the balls rolling for
 that). i will issue a formal veto with both IPMC and legal hats on in
 due course. i just wanted to know that i'm going to unsubscribe this
 email address from these lists until this matter has been sorted out

So you were not here when we discussed this, now you jump in, say it's
all wrong, and say you're going to discuss it behind the curtain?

Not fun at all.

And I'm not copying you on this reply, if you're not here anymore
that's too bad.

ESME folks, hope you're able to continue working without being too
much disturbed by this, based on the recent discussions here and
especially on legal-discuss I think Robert is blowing this way out of
proportion.

I'll let you know when we're back from fight club ;-)

-Bertrand

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-22 Thread Bertrand Delacretaz
Hi Anne,

On Fri, Jan 22, 2010 at 11:58 AM, Anne Kathrine Petterøe
yoji...@gmail.com wrote:
 ...I hope this issue will resolve itself quickly so that we hopefully can get 
 back on track

Now that Robert has withdrawn his veto (see [VETO] Emse veto
invalid), feel free to tally this vote once the 72 hour period is
over (which might be the case already).

Make sure to account for votes on both the esme and incubator lists,
and please note binding votes from Incubator PMC members (listed at
http://incubator.apache.org/whoweare.html though that's not usually
100% up to date, but people can fix that in the tally if needed).

Thanks!
-Bertrand

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-20 Thread Gianugo Rabellino
On Wed, Jan 20, 2010 at 8:11 AM, Bertrand Delacretaz
bdelacre...@apache.org wrote:
 On Wed, Jan 20, 2010 at 1:59 AM, Ralph Goers ralph.go...@dslextreme.com 
 wrote:
 ...I suggest you review the thread that was provided and then see if you 
 want to reconsider your veto

 As this vote is not about a technical issue, I don't think there are
 vetos - we should have explicitely specified that this is a majority
 vote.

 Robert and Gianugo, did you mean to veto this with your -1s, or just
 express your disagreement with the majority?

Just a strong disagreement.

-- 
Gianugo

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-20 Thread Santiago Gala
 Robert and Gianugo, did you mean to veto this with your -1s, or just
 express your disagreement with the majority?

I might be thick or gmail buggy, but where is Gianugo's -1 ? I can't find it...

Regards
Santiago

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-20 Thread Richard Hirsch
Check his email from Tue, Jan 19, 2010 at 5:06 PM

On Wed, Jan 20, 2010 at 1:02 PM, Santiago Gala santiago.g...@gmail.com wrote:
 Robert and Gianugo, did you mean to veto this with your -1s, or just
 express your disagreement with the majority?

 I might be thick or gmail buggy, but where is Gianugo's -1 ? I can't find 
 it...

 Regards
 Santiago

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-20 Thread Santiago Gala
Definitely a case of buggy gmail/our list software, it is not here...

I'm loosing more and more emails messages without any warning, and I'd
like to know if it is trouble in our infrastructure or in gmail.
Anybody knows?

Regards
Santiago

2010/1/20 Richard Hirsch hirsch.d...@gmail.com:
 Check his email from Tue, Jan 19, 2010 at 5:06 PM

 On Wed, Jan 20, 2010 at 1:02 PM, Santiago Gala santiago.g...@gmail.com 
 wrote:
 Robert and Gianugo, did you mean to veto this with your -1s, or just
 express your disagreement with the majority?

 I might be thick or gmail buggy, but where is Gianugo's -1 ? I can't find 
 it...

 Regards
 Santiago

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-20 Thread Bertrand Delacretaz
On Wed, Jan 20, 2010 at 1:02 PM, Santiago Gala santiago.g...@gmail.com wrote:
 Robert and Gianugo, did you mean to veto this with your -1s, or just
 express your disagreement with the majority?

 I might be thick or gmail buggy, but where is Gianugo's -1 ? I can't find 
 it...

It's on esme-dev only, wasn't CCed here:
http://markmail.org/message/njvhvrtvtqm4d2ix

-Bertrand

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-20 Thread Gianugo Rabellino
On Wed, Jan 20, 2010 at 1:02 PM, Santiago Gala santiago.g...@gmail.com wrote:
 Robert and Gianugo, did you mean to veto this with your -1s, or just
 express your disagreement with the majority?

 I might be thick or gmail buggy, but where is Gianugo's -1 ? I can't find 
 it...

I just replied to the wrong email which wasn't cc'd here, apologies.
So let me restate here: it's a non-binding, non-vetoeing -1 based on
the fact I think this solution is (a) incompatible with our own policy
and (b) makes a special case for an individual which is both unfair
(towards people and organizations who contributed significantly more)
and a precedent for others to claim they should receive the same
treatment.

-- 
Gianugo

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-20 Thread Gianugo Rabellino
On Wed, Jan 20, 2010 at 1:48 PM, Gianugo Rabellino gian...@gmail.com wrote:
 On Wed, Jan 20, 2010 at 1:02 PM, Santiago Gala santiago.g...@gmail.com 
 wrote:
 Robert and Gianugo, did you mean to veto this with your -1s, or just
 express your disagreement with the majority?

 I might be thick or gmail buggy, but where is Gianugo's -1 ? I can't find 
 it...

 I just replied to the wrong email which wasn't cc'd here, apologies.
 So let me restate here: it's a non-binding, non-vetoeing -1 based on

[...]

I should add: this is not an attempt to rehash a discussion that has
been going on forever, merely a due justification for a -1 as my
arguments have been expressed on esme-dev and not here.

-- 
Gianugo

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-20 Thread Santiago Gala
Let me be clear too, I'm not trying to mess with the vote in any way,
just wondering if my email account was going nuts, as I've seen a
couple of gmail hiccups in the last days and was over-sensitive... :)

2010/1/20 Gianugo Rabellino gian...@gmail.com:
 On Wed, Jan 20, 2010 at 1:48 PM, Gianugo Rabellino gian...@gmail.com wrote:
 On Wed, Jan 20, 2010 at 1:02 PM, Santiago Gala santiago.g...@gmail.com 
 wrote:
 Robert and Gianugo, did you mean to veto this with your -1s, or just
 express your disagreement with the majority?

 I might be thick or gmail buggy, but where is Gianugo's -1 ? I can't find 
 it...

 I just replied to the wrong email which wasn't cc'd here, apologies.
 So let me restate here: it's a non-binding, non-vetoeing -1 based on

 [...]

 I should add: this is not an attempt to rehash a discussion that has
 been going on forever, merely a due justification for a -1 as my
 arguments have been expressed on esme-dev and not here.

 --
 Gianugo

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-20 Thread Bertrand Delacretaz
On Wed, Jan 20, 2010 at 8:59 PM, Robert Burrell Donkin
robertburrelldon...@gmail.com wrote:
 On Wed, Jan 20, 2010 at 7:11 AM, Bertrand Delacretaz
 bdelacre...@apache.org wrote:
 On Wed, Jan 20, 2010 at 1:59 AM, Ralph Goers ralph.go...@dslextreme.com 
 wrote:
 ...I suggest you review the thread that was provided and then see if you 
 want to reconsider your veto

 As this vote is not about a technical issue, I don't think there are
 vetos - we should have explicitely specified that this is a majority
 vote.

 Robert and Gianugo, did you mean to veto this with your -1s, or just
 express your disagreement with the majority?

 i consider making claims about third party copyright ownership rather
 than a statement of fact is positively dangerous from a legal
 perspective

 so, it's a legal team veto until i have chance to review (my exam is
 tomorrow morning so i should be able to find some time in the
 afternoon)...

Ok, this should leave enough time for you to review within this vote's
72 hours duration ;-)

Please review this thread on the legal-discuss list, in particular:
http://markmail.org/thread/fy3gfbgezgkcq44j

Several experienced folks have voiced their opinions there, we didn't
just make this up out of thin air.

-Bertrand

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-19 Thread Bertrand Delacretaz
(ccing both lists now..)

On Tue, Jan 19, 2010 at 12:10 PM, Anne Kathrine Petterøe
yoji...@gmail.com wrote:
 PPMC and IPMC, please re-vote on the following regarding copyright issue 
 ESME-47.

+1 on what's suggested below (IPMC binding)
-Bertrand



 1. The Apache license block will be added at the beginning of each source 
 file:
 /* Licensed to the Apache Software Foundation (ASF) under one or more
  * contributor license agreements. See the NOTICE file distributed with
  * this work for additional information regarding copyright ownership.
  * The ASF licenses this file to You under the Apache License, Version 2.0
  * (the License); you may not use this file except in compliance with
  * the License. You may obtain a copy of the License at *
  * http://www.apache.org/licenses/LICENSE-2.0 *
  * Unless required by applicable law or agreed to in writing, software
  * distributed under the License is distributed on an AS IS BASIS,
  * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
  * See the License for the specific language governing permissions and
  * limitations under the License. */

 2. The Apache License block will be followed by a legacy comment (Only in 
 files where the WorldWide Conferencing notice currently exists, except any 
 files where user dpp has not made any contribution):
 /* * Portions Copyright 2009 WorldWide Conferencing, LLC */

 3. A NOTICE file with the following text will be added:
 Apache Foo Incubating Code Copyright 2010 The Apache Software Foundation.
 This product includes software developed at The Apache Software Foundation 
 (http://www.apache.org/).


 For details, please see this legal-discuss mailing list thread:
 http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201001.mbox/%3cf767f0601001110028n54d85d03xaf703119fa08d...@mail.gmail.com%3e



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Re: [VOTE] Copyright issue (ESME-47)

2010-01-19 Thread Anne Kathrine Petterøe
Not my day for multi-tasking apparently, sorry...
Apache ESME of course.

+1


On 19 Jan, 2010, at 12:25 , Richard Hirsch wrote:

 The NOTICE should say Apache ESME instead of Apache Foo
 
 +1
 
 
 On Tue, Jan 19, 2010 at 12:17 PM, Bertrand Delacretaz
 bdelacre...@apache.org wrote:
 (ccing both lists now..)
 
 On Tue, Jan 19, 2010 at 12:10 PM, Anne Kathrine Petterøe
 yoji...@gmail.com wrote:
 PPMC and IPMC, please re-vote on the following regarding copyright issue 
 ESME-47.
 
 +1 on what's suggested below (IPMC binding)
 -Bertrand
 
 
 
 1. The Apache license block will be added at the beginning of each source 
 file:
 /* Licensed to the Apache Software Foundation (ASF) under one or more
  * contributor license agreements. See the NOTICE file distributed with
  * this work for additional information regarding copyright ownership.
  * The ASF licenses this file to You under the Apache License, Version 2.0
  * (the License); you may not use this file except in compliance with
  * the License. You may obtain a copy of the License at *
  * http://www.apache.org/licenses/LICENSE-2.0 *
  * Unless required by applicable law or agreed to in writing, software
  * distributed under the License is distributed on an AS IS BASIS,
  * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
  * See the License for the specific language governing permissions and
  * limitations under the License. */
 
 2. The Apache License block will be followed by a legacy comment (Only in 
 files where the WorldWide Conferencing notice currently exists, except any 
 files where user dpp has not made any contribution):
 /* * Portions Copyright 2009 WorldWide Conferencing, LLC */
 
 3. A NOTICE file with the following text will be added:
 Apache Foo Incubating Code Copyright 2010 The Apache Software Foundation.
 This product includes software developed at The Apache Software Foundation 
 (http://www.apache.org/).
 
 
 For details, please see this legal-discuss mailing list thread:
 http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201001.mbox/%3cf767f0601001110028n54d85d03xaf703119fa08d...@mail.gmail.com%3e
 
 
 
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Re: [VOTE] Copyright issue (ESME-47)

2010-01-19 Thread Daniel Kulp

+1

Let's get this finalized and move on.

Dan


On Tue January 19 2010 6:17:16 am Bertrand Delacretaz wrote:
 (ccing both lists now..)
 
 On Tue, Jan 19, 2010 at 12:10 PM, Anne Kathrine Petterøe
 
 yoji...@gmail.com wrote:
  PPMC and IPMC, please re-vote on the following regarding copyright issue
  ESME-47.
 
 +1 on what's suggested below (IPMC binding)
 -Bertrand
 
  1. The Apache license block will be added at the beginning of each source
  file: /* Licensed to the Apache Software Foundation (ASF) under one or
  more * contributor license agreements. See the NOTICE file distributed
  with * this work for additional information regarding copyright
  ownership. * The ASF licenses this file to You under the Apache License,
  Version 2.0 * (the License); you may not use this file except in
  compliance with * the License. You may obtain a copy of the License at *
   * http://www.apache.org/licenses/LICENSE-2.0 *
   * Unless required by applicable law or agreed to in writing, software
   * distributed under the License is distributed on an AS IS BASIS,
   * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
  implied. * See the License for the specific language governing
  permissions and * limitations under the License. */
 
  2. The Apache License block will be followed by a legacy comment (Only in
  files where the WorldWide Conferencing notice currently exists, except
  any files where user dpp has not made any contribution): /* * Portions
  Copyright 2009 WorldWide Conferencing, LLC */
 
  3. A NOTICE file with the following text will be added:
  Apache Foo Incubating Code Copyright 2010 The Apache Software Foundation.
  This product includes software developed at The Apache Software
  Foundation (http://www.apache.org/).
 
 
  For details, please see this legal-discuss mailing list thread:
  http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201001.mbox/%3
 cf767f0601001110028n54d85d03xaf703119fa08d...@mail.gmail.com%3e
 
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-- 
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dk...@apache.org
http://www.dankulp.com/blog

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-19 Thread Anne Kathrine Petterøe
Robert,

We have already had a lengthy discussion on legal-discuss:
http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201001.mbox/thread
Look for the Committer refuses to remove copyright notices in source 
(ESME-47),how best to solve?  thread.

I am not sure if this is the same list as the legal-private list you mention?

The text in this vote is a suggestion from William Rowe:
http://markmail.org/message/q6yweleer2voqvd3
(which no one on the legal-list objected to)

/Anne
 
On 19 Jan, 2010, at 17:51 , Robert Burrell Donkin wrote:

 On Tue, Jan 19, 2010 at 11:10 AM, Anne Kathrine Petterøe
 yoji...@gmail.com wrote:
 PPMC and IPMC, please re-vote on the following regarding copyright issue 
 ESME-47.
 
 snip
 
 2. The Apache License block will be followed by a legacy comment (Only in 
 files where the WorldWide Conferencing notice currently exists, except any 
 files where user dpp has not made any contribution):
 /* * Portions Copyright 2009 WorldWide Conferencing, LLC */
 
 ipmc-hatlegal-hatianal
 
 if this language has not been cleared with our lawyers on legal-private then :
 
 * i'm -1 on this phrasing
 * please raise a legal JIRA for appropriate language
 
 /ianal/legal-hat/ipmc-hat
 
 the reason for this veto is that i believe that this phrasing is
 
 1. potentially untrue
 
 for example, if at some future time someone decides to revert all the
 relevant commits - or in time the code is so extensively revised then
 no portions of the code will be subject to that copyright and the
 statement will be untrue.
 
 2. potentially dangerous
 
 for example it could be read as a claim rather than a statement
 
 
 AIUI (please jump in if i'm wrong) some source files was derived from
 originals that contained the notice Copyright 2009 WorldWide
 Conferencing, LLC. something along the lines below seems to me more
 truthful:
 
 /*
 * This document was derived from an original containing the following
 copyright notice:
 *
 * Copyright 2009 WorldWide Conferencing, LLC
 *
 */
 
 but IMO this is a job for a lawyer
 
 - robert



Re: [VOTE] Copyright issue (ESME-47)

2010-01-19 Thread Jean-Baptiste Onofré

+1

Daniel Kulp wrote:

+1

Let's get this finalized and move on.

Dan


On Tue January 19 2010 6:17:16 am Bertrand Delacretaz wrote:

(ccing both lists now..)

On Tue, Jan 19, 2010 at 12:10 PM, Anne Kathrine Petterøe

yoji...@gmail.com wrote:

PPMC and IPMC, please re-vote on the following regarding copyright issue
ESME-47.

+1 on what's suggested below (IPMC binding)
-Bertrand


1. The Apache license block will be added at the beginning of each source
file: /* Licensed to the Apache Software Foundation (ASF) under one or
more * contributor license agreements. See the NOTICE file distributed
with * this work for additional information regarding copyright
ownership. * The ASF licenses this file to You under the Apache License,
Version 2.0 * (the License); you may not use this file except in
compliance with * the License. You may obtain a copy of the License at *
 * http://www.apache.org/licenses/LICENSE-2.0 *
 * Unless required by applicable law or agreed to in writing, software
 * distributed under the License is distributed on an AS IS BASIS,
 * WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or
implied. * See the License for the specific language governing
permissions and * limitations under the License. */

2. The Apache License block will be followed by a legacy comment (Only in
files where the WorldWide Conferencing notice currently exists, except
any files where user dpp has not made any contribution): /* * Portions
Copyright 2009 WorldWide Conferencing, LLC */

3. A NOTICE file with the following text will be added:
Apache Foo Incubating Code Copyright 2010 The Apache Software Foundation.
This product includes software developed at The Apache Software
Foundation (http://www.apache.org/).


For details, please see this legal-discuss mailing list thread:
http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201001.mbox/%3
cf767f0601001110028n54d85d03xaf703119fa08d...@mail.gmail.com%3e

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--
Jean-Baptiste Onofré (Nanthrax)
BuildProcess/AutoDeploy Project Leader
http://buildprocess.sourceforge.net
j...@nanthrax.net
PGP : 17D4F086

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Re: [VOTE] Copyright issue (ESME-47)

2010-01-19 Thread Ralph Goers

On Jan 19, 2010, at 8:51 AM, Robert Burrell Donkin wrote:

 On Tue, Jan 19, 2010 at 11:10 AM, Anne Kathrine Petterøe
 yoji...@gmail.com wrote:
 PPMC and IPMC, please re-vote on the following regarding copyright issue 
 ESME-47.
 
 snip
 
 2. The Apache License block will be followed by a legacy comment (Only in 
 files where the WorldWide Conferencing notice currently exists, except any 
 files where user dpp has not made any contribution):
 /* * Portions Copyright 2009 WorldWide Conferencing, LLC */
 
 ipmc-hatlegal-hatianal
 
 if this language has not been cleared with our lawyers on legal-private then :
 
 * i'm -1 on this phrasing
 * please raise a legal JIRA for appropriate language
 

As others have said, this has been discussed at length on legal-discuss. The 
lawyers have expressed their opinion (that it mostly doesn't matter).  I 
think requesting a Jira issue for this is a bad idea because a) it is highly 
unlikely that the result will be different and b) legal Jira issues aren't 
noted for being resolved quickly and c) Jira issues are resolved by lawyers.

I suggest you review the thread that was provided and then see if you want to 
reconsider your veto.

Ralph
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Re: [VOTE] Copyright issue (ESME-47)

2010-01-19 Thread Craig L Russell

+1

Craig

On Jan 19, 2010, at 10:19 AM, Kevan Miller wrote:



This issue was discussed extensively on legal-discuss, this proposal  
matches my understanding of the consensus opinion reached there.


Here's my +1 (IPMC binding)

--kevan

On Jan 19, 2010, at 6:17 AM, Bertrand Delacretaz wrote:


(ccing both lists now..)

On Tue, Jan 19, 2010 at 12:10 PM, Anne Kathrine Petterøe
yoji...@gmail.com wrote:
PPMC and IPMC, please re-vote on the following regarding copyright  
issue ESME-47.


+1 on what's suggested below (IPMC binding)
-Bertrand




1. The Apache license block will be added at the beginning of each  
source file:
/* Licensed to the Apache Software Foundation (ASF) under one or  
more
* contributor license agreements. See the NOTICE file distributed  
with
* this work for additional information regarding copyright  
ownership.
* The ASF licenses this file to You under the Apache License,  
Version 2.0
* (the License); you may not use this file except in compliance  
with

* the License. You may obtain a copy of the License at *
* http://www.apache.org/licenses/LICENSE-2.0 *
* Unless required by applicable law or agreed to in writing,  
software

* distributed under the License is distributed on an AS IS BASIS,
* WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or  
implied.
* See the License for the specific language governing permissions  
and

* limitations under the License. */

2. The Apache License block will be followed by a legacy comment  
(Only in files where the WorldWide Conferencing notice currently  
exists, except any files where user dpp has not made any  
contribution):

/* * Portions Copyright 2009 WorldWide Conferencing, LLC */

3. A NOTICE file with the following text will be added:
Apache Foo Incubating Code Copyright 2010 The Apache Software  
Foundation.
This product includes software developed at The Apache Software  
Foundation (http://www.apache.org/).



For details, please see this legal-discuss mailing list thread:
http://mail-archives.apache.org/mod_mbox/www-legal-discuss/201001.mbox/%3cf767f0601001110028n54d85d03xaf703119fa08d...@mail.gmail.com%3e




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Craig L Russell
Architect, Sun Java Enterprise System http://db.apache.org/jdo
408 276-5638 mailto:craig.russ...@sun.com
P.S. A good JDO? O, Gasp!


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Re: [VOTE] Copyright issue (ESME-47)

2010-01-19 Thread Bertrand Delacretaz
On Wed, Jan 20, 2010 at 1:59 AM, Ralph Goers ralph.go...@dslextreme.com wrote:
 ...I suggest you review the thread that was provided and then see if you want 
 to reconsider your veto

As this vote is not about a technical issue, I don't think there are
vetos - we should have explicitely specified that this is a majority
vote.

Robert and Gianugo, did you mean to veto this with your -1s, or just
express your disagreement with the majority?

-Bertrand

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