From: Heller, Jeffrey [mailto:jeffrey.hel...@netapp.com] Sent: Friday, August 14, 2015 3:15 PM To: Bill Boas <bb...@systemfabricworks.com> Subject: Re: Some NetApp concerns re licensing terms WRT code contributed to OFED Her is a pointer to a file with the license from the linux kernel. As you can see the key to our problem is "This software is available to you under a choice of one of two licenses” and for linux the coice is clear. There is nothing that says both licenses have to be preserved. https://git.kernel.org/cgit/linux/kernel/git/torvalds/linux.git/tree/drivers/infiniband/core/addr.c?id=30dc5e63d6a5ad24894b5512d10b228d73645a44 /* * Copyright (c) 2005 Voltaire Inc. All rights reserved. * Copyright (c) 2002-2005, Network Appliance, Inc. All rights reserved. * Copyright (c) 1999-2005, Mellanox Technologies, Inc. All rights reserved. * Copyright (c) 2005 Intel Corporation. All rights reserved. * * This software is available to you under a choice of one of two * licenses. You may choose to be licensed under the terms of the GNU * General Public License (GPL) Version 2, available from the file * COPYING in the main directory of this source tree, or the * OpenIB.org BSD license below: * * Redistribution and use in source and binary forms, with or * without modification, are permitted provided that the following * conditions are met: * * - Redistributions of source code must retain the above * copyright notice, this list of conditions and the following * disclaimer. * * - Redistributions in binary form must reproduce the above * copyright notice, this list of conditions and the following * disclaimer in the documentation and/or other materials * provided with the distribution. * * THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, * EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF * MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND * NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS * BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN * ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN * CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE * SOFTWARE. */ From: Bill Boas Date: Friday, August 14, 2015 at 11:11 AM To: Jeffrey Heller, "'Ryan, Jim'" Cc: George Simion, 'John Mitchell' Subject: RE: Some NetApp concerns re licensing terms WRT code contributed to OFED Jeff, please call me to discuss. I have not set up a meeting because I am still trying to ensure that I thoroughly understand the sequence of code contribution and integration that occurs step by step with OpenFabrics Software (OFS) as it is contributed, goes thru the steps it goes thru, etc. Also could we talk today, as soon as you wish, for you to identify to me verbally what NetApp’s issue really is, or is there a misunderstanding at the legal level within NetApp. Please call 510 375 -8840 as soon as convenient, but I’m in Austin TX. Bill. Bill Boas Treasurer OFA From: Heller, Jeffrey [mailto:jeffrey.hel...@netapp.com] Sent: Friday, August 14, 2015 11:56 AM To: Ryan, Jim <jim.r...@intel.com <mailto:jim.r...@intel.com> >; bb...@systemfabricworks.com <mailto:bb...@systemfabricworks.com> Cc: Simion, George <george.sim...@netapp.com <mailto:george.sim...@netapp.com> >; John Mitchell <j...@interactionlaw.com <mailto:j...@interactionlaw.com> > Subject: Re: Some NetApp concerns re licensing terms WRT code contributed to OFED Hi Bill, Just checking that I did not miss your reply. Can you propose a couple of times we can have a call to discuss? Jeff From: Jeffrey Heller Date: Sunday, August 9, 2015 at 6:44 PM To: "Ryan, Jim" Cc: George Simion, John Mitchell, "bb...@systemfabricworks.com <mailto:bb...@systemfabricworks.com> " Subject: Re: Some NetApp concerns re licensing terms WRT code contributed to OFED Hi Bill, Let me know some times this week you can talk. Jeff Sent from my iPhone On Aug 7, 2015, at 12:22 PM, Ryan, Jim <jim.r...@intel.com <mailto:jim.r...@intel.com> > wrote: I reached out Bob Woodruff and Bill Boas and I got back updates on the earlier work that had been done and a helpful offer from Bill to speak with you. This email is to help set that discussion up, and to share with Bill the URL and text you provided below Regards, Jim From: Simion, George [mailto:george.sim...@netapp.com] Sent: Thursday, August 6, 2015 4:58 PM To: John Mitchell; Ryan, Jim Cc: Heller, Jeffrey; Simion, George Subject: RE: Some NetApp concerns re licensing terms WRT code contributed to OFED John and Jim, Thank you for talking to Jeff and I on this important matter. I just wanted to point you to an additional piece of information re licensing of the linux kernel on kernel.org <http://kernel.org> . As the FAQ states, the linux kernel posted for download on the linux.org <http://linux.org> website is licensed under GPL v2 (as expected): https://www.kernel.org/category/faq.html Please feel free to reach out to Jeff and I with any questions. Best regards, George George Simion Director, Intellectual Property Legal NetApp 495 East Java Drive Sunnyvale, CA 94089 408.822.4985 Direct 650.450.0551 Mobile george.sim...@netapp.com <mailto:george.sim...@netapp.com> www.netapp.com <http://www.netapp.com/> <image001.jpg> From: Heller, Jeffrey Sent: Thursday, August 06, 2015 3:38 PM To: Simion, George; John Mitchell Subject: Re: Some NetApp concerns re licensing terms WRT code contributed to OFED Here is the wording https://ltsi.linuxfoundation.org/developers/signed-process Jeff From: george.sim...@netapp.com <mailto:george.sim...@netapp.com> When: 4:00 PM - 5:00 PM August 6, 2015 Subject: Some NetApp concerns re licensing terms WRT code contributed to OFED Location: Conf call (toll free) -- 866.844.9418 -- Participant passcode: 272 803 0094 John – hope this works for you. George _____________________________________________ From: Simion, George Sent: Tuesday, August 04, 2015 4:44 PM To: John Mitchell Cc: Heller, Jeffrey; Simion, George Subject: RE: Some NetApp concerns re licensing terms WRT code contributed to OFED John, Thanks for the quick reply. Jeff and I are available this Thursday at 3 pm Pacific time. Hope this time slot works for you. Please use the conf call info below: Dial In: 1.866.844.9418 Participant Passcode: 272 803 0094 I’ll also send a calendar invite shortly. Thanks, George From: John Mitchell [mailto:j...@interactionlaw.com] Sent: Tuesday, August 04, 2015 4:19 PM To: Simion, George Cc: Heller, Jeffrey Subject: Re: Some NetApp concerns re licensing terms WRT code contributed to OFED George, I’m happy to speak with you. My schedule is generally flexible. This week, Thursday afternoon PST, and Friday after 10:30am PST look good. Next week, Monday and Tuesday are the best days (and Thursday is impossible). If a different time than those works better for you, feel free to suggest it. John ________________ John T. Mitchell 1-202-415-9213 On Aug 4, 2015, at 1:22 PM, Simion, George <george.sim...@netapp.com <mailto:george.sim...@netapp.com> > wrote: Hi John, As Jim Ryan indicated in his email below, NetApp has some questions and concerns regarding OFA’s process for intaking OFED software contributions from <http://kernel.org/> kernel.org. Do you have some time in the next 1-2 weeks to discuss this process (including any licensing considerations/issues) with us? Thanks in advance for your help. Best regards, George Simion Director, Intellectual Property Legal NetApp 495 East Java Drive Sunnyvale, CA 94089 408.822.4985 Direct 650.450.0551 Mobile <mailto:george.sim...@netapp.com> george.sim...@netapp.com www.netapp.com <http://www.netapp.com/> <image003.jpg> From: Dale, David Sent: Tuesday, August 04, 2015 7:58 AM To: Simion, George; Heller, Jeffrey Cc: Dawkins, Scott Subject: FW: Some NetApp concerns re licensing terms WRT code contributed to OFED Hi everybody, We need to be talking to The Open Fabrics Alliance leadership team and legal council on this, specifically: ? Jim Ryan, OFA Chair (Intel) ? Paul Grun, OFA Vice Chair (Cray) ? Bill Boas, Treasurer (System Fabric Works) ? Robert Woodruff, Enterprise Working Group Co-Chair (Intel) ? John Mitchell, Legal Council (Interaction Law) The email below can serve as an introduction to talk to John Mitchell. Jim Ryan will work to address our concerns. Please let me know if there’s anything you need me to do. Thanks, Dave -- David Dale Director Industry Standards CTO Office, NetApp 1-617-417-7861 <x-msg://146/dd...@netapp.com> dd...@netapp.com From: Jim Ryan < <mailto:jim.r...@intel.com> jim.r...@intel.com> Date: Monday, August 3, 2015 at 7:33 PM To: John Mitchell < <mailto:j...@interactionlaw.com> j...@interactionlaw.com>, David Dale < <mailto:david.d...@netapp.com> david.d...@netapp.com> Cc: "Woodruff, Robert J" < <mailto:robert.j.woodr...@intel.com> robert.j.woodr...@intel.com>, " <mailto:g...@cray.com> g...@cray.com" < <mailto:g...@cray.com> g...@cray.com>, " <mailto:'bb...@systemfabricworks.com> 'bb...@systemfabricworks.com'" < <mailto:bb...@systemfabricworks.com> bb...@systemfabricworks.com> Subject: Some NetApp concerns re licensing terms WRT code contributed to OFED I spoke briefly with Dave Dale who represented some concerns from NetApp WRT OFED SW contributions. Dave is the focal point for the concerns which I understand are being voiced by NetApp legal staff. When I identified you as OFA counsel, he asked for this email introduction. I’m going to go back over my notes to remind myself of earlier investigations, which I thought had been definitive. In any case, there are clearly some gaps, possibly only in communications, which we may need to address Thanks and regards, Jim
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