Our legal folks have responded (quickly!). I’m quoting the recommendation here:
If someone wants to take ASF to court over this, we can worry about it, then. Until then, there isn't really anything we can do about it other than try to be as benign as possible toward those people who might consider such litigation. Benign as possible can be read in a number of different ways, depending on how we are defining the scope (federally recognized Apache nations, all Apache nations, all indigenous tribes, etc.) 1.) (Extreme 1) Do nothing. Without a registered complaint from the tribe, this is analogous to an “If it ain’t broke don’t fix it, approach”. PRO: We don’t bring attention to a problem by communicating a scenario CON: There has been communicated social impact complaints that aren’t being addressed. There is a latent risk. 2.) (Extreme 2) Do everything. Just change the name and the license proactively. This is a “full speed ahead” proactive effort. PRO: This removes any and all risk in perpetuity CON: The level of effort is substantial, and it may exceed social responsibility. 3.) Middle ground. Not sure what that is. Cheers! Ed From: Owen Rubel <oru...@gmail.com> Reply: dev@community.apache.org <dev@community.apache.org> Date: May 6, 2022 at 12:24:54 To: dev@community.apache.org <dev@community.apache.org> Subject: Re: Naming/Branding: First Steps Bravo. Brilliant. Owen Rubel oru...@gmail.com On Fri, May 6, 2022 at 7:26 AM me <m...@emangini.com> wrote: > Happy Friday/Saturday esteemed colleagues and collaborators! > > I kicked off the first steps by reaching out to the legal team to > understand the risk/worst case scenario. I’m attempting to gain a better > understanding to the question: “What if the choice is taken away from us, > through litigation?” > > My thought process is the following: > > Irrespective of social climate, level of effort, etc. there is a worst > case scenario represented by the ever present risk. Before we embark on any > journeys of epic proportions for the greater good, it’s helpful to define > the stakes and understand our primary responsibilities: our community. > > I think it’s a fair assumption that this will help level set conversations > going forward, as well as to provide us a next question: “Given the defined > risk, what is its magnitude?” (i.e. is it a 1 in a billion lightning > strike, or a 50/50 coin flip). > > — > > That said, I think there is a derivative of Owen’s statements we have to > consider. > > Asking a question to parties who haven't considered that question > inevitably runs the risk of changing their perspective. If there is a gun > to be jumped, this is most likely it. If I can make a request of those > involved thus far, can you sleep on this and think about it? I think it’s > something we need to consider internally so that any outreach is approached > with care. > > It might be worth doing some internal research on Apache culture (nothing > exhaustive, but enough for us to understand tribal values) before > performing outreach (or in the extreme, from performing it altogether). At > the very least this can help us navigate away from areas that may induce > conflict, as well as to consider the wording of our inquiry. > > Walter, you seem to have a decent hold on the social impact. Do you have a > resource you can reach out to? (Or is it something you’re willing to > research to compile some facts?) > > > > From: me <m...@emangini.com> > Reply: me <m...@emangini.com> > Date: May 5, 2022 at 12:57:25 > To: dev@community.apache.org <dev@community.apache.org>, Owen Rubel < > oru...@gmail.com> > Subject: Re: A way to keep the name > > Owen, > > You’re conflating different aspects of the circumstances. > (Are you not from the US? Sorry for my ignorance. I’m just trying to > better understand your position.) > > 1.) Business Risk. > > Our brand name has a causal relationship with an indigenous people. > Regardless of our reputation or status, that indigenous people has the > claim to the naming and branding based on existing legal precedent in the > United States. This presents a business risk to the foundation and license. > It would be in the best interest of the foundation to evaluate that risk. > > This problem exists whether it is dormant or active. I’m going to hand > wave for brevity, but I’m happy to take this offline to explain it further. > > Yes, the ASF is a business. It may be a Non-Profit, Open Source Business, > but we create products that are consumed. > > Profit and intent are irrelevant. There is no barrier (legally, socially > or in business) that makes these concepts a means for separation or > dismissal of complaints should they arise. > > 2.) Social Impact. > > There have been several attempts to try to use the non-profit structure to > differentiate the ASF from sports teams. The example of sports teams is to > demonstrate social climate and its impact on businesses. > (NOTE: Jeep proactively engaged with the Cherokee nation, based on the > articles previously shared. There was no complaint.) Their effort was > derived from recognizing current social climate. > > Tying this back to business… being proactive is a due diligence factor: > “What is the risk of continuing to perform action X?” > > Again. Profit and intent are irrelevant. There is no barrier (legally, > socially or in business) that makes these concepts a means for separation > or dismissal of complaints should they arise. > > — > > To your point about jumping the gun: > > Maybe? This thread started with Walter’s sentiments. Those are derived > categorically from social impact/climate. Walter suggested that there had > been inquiries, I believe? For a moment, let’s say that there isn’t. Does > that matter? > > Social Climate is not subject to logic or math. Cherokee could flat out > endorse Jeep, and Apache could sue us. (Or vice versa). > > There is a much larger issue than just a “read the room effort” to > rebrand. We have a responsibility to the community as a whole to ensure > that the products are safe to consume going forward in the presence of > risk. Personally, this is my primary concern (and core to my involvement.) > > > > > > > > > > From: Owen Rubel <oru...@gmail.com> > Reply: dev@community.apache.org <dev@community.apache.org> > Date: May 5, 2022 at 12:11:21 > To: dev@community.apache.org <dev@community.apache.org> > Subject: Re: A way to keep the name > > This issue still is that we are jumping the gun. > > Has any REPRESENTATIVE from the Apache Nation filed a complaint or > reached > out? > > You may be creating a problem that does not exist. If we are doing good > will, it may be noticed and not seen as an issue. > > Apache Foundation is a non-profit and not a baseball team that profits > off > the Apache Nation creating offensive hand gestures, etc. > > This may be a non-issue from the start and you are creating an issue when > no REPRESENTATIVE has made a statement or complained. > > Owen Rubel > oru...@gmail.com > > > On Wed, May 4, 2022 at 11:05 AM Andrew Wetmore <cottag...@gmail.com> > wrote: > > > Hi, all. > > > > We have a very long thread on the possibility of changing the name of > our > > foundation, and the complex work involved. I may have missed it in the > > back-and-forth, but is there not another way forward? > > > > What if we established an offering of value to members of the Apache > Nation > > (defined by the eight tribes) that attaches a benefit to the existing > > perceived connection between our use of the word "Apache" and theirs? > Such > > a package could start small, but grow toward something that is much > more > > useful than the "one peppercorn per annum" which is the legal term in > > England to describe a nominal rent. > > > > The package could begin with elements that we already have in our hands > > made available to members of the Apache Nation: > > > > - travel assistance to attend ApacheCon > > - advanced access to the Google Summer of Code > > - assistance within our realms of expertise with technical > infrastructure > > or code-development issues the Apache Nation faces > > > > On such a basis we could solicit additional "goods" to grow the > package: > > > > - a scholarship fund to enable study in software development > > - internships with corporations that are ASF sponsors > > > > Others among you will have much better ideas than those I have just > tossed > > into the ring. Please suggest them. > > > > This approach makes a positive out of what some perceive as a negative, > as > > we grow a coincidental relationship into one of real value to the people > of > > the Apache Nation. > > > > a > > -- > > Andrew Wetmore > > > > Editor, Moose House Publications <https://moosehousepress.com/> > > Editor-Writer, The Apache Software Foundation <https://apache.org/> > > >
