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Posted to general@incubator.apache.org by "Noel J. Bergman" <no...@devtech.com> on 2008/04/23 02:21:34 UTC

Revising the IP Clearance Form (was: cut the crap)

Robert Burrell Donkin wrote:

> i've committed a stripped down template and moved the prose into a
> guide. this guide is just copy ATM

With all due and sincere respect to Roy, the current IP Clearance form was
done in conjunction with the Board.  Over the past several years it has been
modified slightly by the current President, Chair, and at least one other
Director, so it is not some unknown quantity haphazardly slapped together.
Given that we now have a Legal Committee, any substantive revision of that
form should be run through them.

This is not a comment on content, but on process.  Let's do due diligence to
the document.

	--- Noel



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Re: Revising the IP Clearance Form (was: cut the crap)

Posted by Robert Burrell Donkin <ro...@gmail.com>.
On Mon, May 19, 2008 at 1:47 PM, Robert Burrell Donkin
<ro...@gmail.com> wrote:
> On Mon, May 19, 2008 at 1:44 PM, Noel J. Bergman <no...@devtech.com> wrote:
>> Robert Burrell Donkin wrote:

<snip>

>>> > Given that we now have a Legal Committee, any substantive revision of
>> that
>>> > form should be run through them.
>>> >
>>> > This is not a comment on content, but on process.  Let's do due
>> diligence to
>>> > the document.
>>
>> The Legal Committee does not appear to have any concerns over Roy's proposed
>> changes.
>
> <legal-hat>
> i don't recall being officially asked
> </legal-hat>

ok

i've proposed that https://issues.apache.org/jira/browse/INCUBATOR-74
is used to draft up some minimal principles suitable from the
legal-affairs perspective. please feel free to comment or post
improvements...

- robert

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RE: Revising the IP Clearance Form (was: cut the crap)

Posted by "Noel J. Bergman" <no...@devtech.com>.
Robert Burrell Donkin wrote:

> Noel J. Bergman wrote:
> > The Legal Committee does not appear to have any concerns over Roy's
proposed
> > changes.
> <legal-hat>
> i don't recall being officially asked
> </legal-hat>

I was referring to

  Message-ID: <3d...@mail.gmail.com>

in legal-discuss@.  In any event, you've proposed a process for the change
in another e-mail, and I am satisfied that it addresses my original comment:

> > This is not a comment on content, but on process.  Let's do due
> > diligence to the document.

	--- Noel



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Re: Revising the IP Clearance Form (was: cut the crap)

Posted by Robert Burrell Donkin <ro...@gmail.com>.
On Mon, May 19, 2008 at 1:44 PM, Noel J. Bergman <no...@devtech.com> wrote:
> Robert Burrell Donkin wrote:
>
>> If the IP template should be RTC then it should be moved into the
>> policy area. But IMO the incubator is not the right place for
>> normative legal policy: the legal committee should maintain policy.
>
> It probably embodies both procedure and policy.

ATM it tries to provide guidance, process and policy but comes up short for each

> And I agree with you, as
> indicated by the message to which you replied:
>
>> > Given that we now have a Legal Committee, any substantive revision of
> that
>> > form should be run through them.
>> >
>> > This is not a comment on content, but on process.  Let's do due
> diligence to
>> > the document.
>
> The Legal Committee does not appear to have any concerns over Roy's proposed
> changes.

<legal-hat>
i don't recall being officially asked
</legal-hat>

- robert

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RE: Revising the IP Clearance Form (was: cut the crap)

Posted by "Noel J. Bergman" <no...@devtech.com>.
Robert Burrell Donkin wrote:

> If the IP template should be RTC then it should be moved into the
> policy area. But IMO the incubator is not the right place for
> normative legal policy: the legal committee should maintain policy.

It probably embodies both procedure and policy.  And I agree with you, as
indicated by the message to which you replied:

> > Given that we now have a Legal Committee, any substantive revision of
that
> > form should be run through them.
> >
> > This is not a comment on content, but on process.  Let's do due
diligence to
> > the document.

The Legal Committee does not appear to have any concerns over Roy's proposed
changes.

	--- Noel



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Re: Revising the IP Clearance Form (was: cut the crap)

Posted by Robert Burrell Donkin <ro...@gmail.com>.
On 4/23/08, Noel J. Bergman <no...@devtech.com> wrote:
> Robert Burrell Donkin wrote:
>
> > i've committed a stripped down template and moved the prose into a
> > guide. this guide is just copy ATM
>
> With all due and sincere respect to Roy, the current IP Clearance form was
> done in conjunction with the Board.  Over the past several years it has been
> modified slightly by the current President, Chair, and at least one other
> Director, so it is not some unknown quantity haphazardly slapped together.
> Given that we now have a Legal Committee, any substantive revision of that
> form should be run through them.
>
> This is not a comment on content, but on process.  Let's do due diligence to
> the document.

If the IP template should be RTC then it should be moved into the
policy area. But IMO the incubator is not the right place for
normative legal policy: the legal committee should maintain policy.

I agree with Roy. The educational aspect obscures the function. The
current template is in need of revision since it satisfies neither
goal.

But I don't have the energy to push through any policy changes ATM.
Just revert the changes and open another JIRA...

Robert

>
> 	--- Noel
>
>
>
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>
>

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Re: Revising the IP Clearance Form (was: cut the crap)

Posted by Henri Yandell <fl...@gmail.com>.
On Tue, Apr 22, 2008 at 5:21 PM, Noel J. Bergman <no...@devtech.com> wrote:
> Robert Burrell Donkin wrote:
>
>> i've committed a stripped down template and moved the prose into a
>> guide. this guide is just copy ATM
>
> With all due and sincere respect to Roy, the current IP Clearance form was
> done in conjunction with the Board.  Over the past several years it has been
> modified slightly by the current President, Chair, and at least one other
> Director, so it is not some unknown quantity haphazardly slapped together.
> Given that we now have a Legal Committee, any substantive revision of that
> form should be run through them.
>
> This is not a comment on content, but on process.  Let's do due diligence to
> the document.

Something I've meant to bring up for a while - do we need to get
trademark granting in there?

I'm thinking of when a project joins and retains the name it had
originally. It seems to usually happen with existing Open Source
projects rather than projects which are moving in from private
communities.

Hen

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