Rob: I believe it is rather foolish to argue that Roy is incorrect.

For starters, he wrote the Bylaws, and is well-versed in the intent of this
Foundation. Second, the Foundation policies take precedence over
third-party concepts, so whether you/OSI may define a binary as open source
is wholly immaterial. And lastly, you cannot defer to "most would disagree"
as the only authority is the Foundation, rather than "most".

-g
On Aug 20, 2012 5:11 PM, "Rob Weir" <robw...@apache.org> wrote:

> On Mon, Aug 20, 2012 at 3:45 PM, Marvin Humphrey <mar...@rectangular.com>
> wrote:
> > On Sat, Aug 18, 2012 at 5:24 AM, Andre Fischer <awf....@gmail.com>
> wrote:
> >
> >>     [ ] +1 Release this package as Apache OpenOffice 3.4.1 (incubating)
> >>     [ ]  0 Don't care
> >>     [ ] -1 Do not release this package because...
> >
> > -1
> >
> > I object to the claim that the AOO binaries are officially part of this
> > release:
> >
> >     http://s.apache.org/ha
> >
> >     We are officially voting on binaries as well and these are being
> inspected
> >     and these will be part of the official release.
> >
> > The policy I am basing my vote on is section 6.3 of the the ASF bylaws as
> > interpreted by Roy Fielding:
> >
> >     http://apache.org/foundation/bylaws.html#6.3
> >
> >     Each Project Management Committee shall be responsible for the active
> >     management of one or more projects identified by resolution of the
> Board
> >     of Directors which may include, without limitation, the creation or
> >     maintenance of "open-source" software for distribution to the public
> at no
> >     charge.
> >
> >     http://s.apache.org/rk5
> >
> >     This issue is not open for discussion. It is is a mandate from the
> >     certificate of this foundation -- our agreement with the State of
> Delaware
> >     that I signed as incorporator. It is fundamental to our status as an
> IRS
> >     501(c)3 charity. It is the key charter delegated by the board as
> part of
> >     every TLP resolution: "charged with the creation and maintenance of
> >     open-source software ... for distribution at no charge to the
> public."
> >
> >     Class files are not open source. Jar files filled with class files
> are not
>
> Actually, the bylaws do not define "open source" or "software".  So
> pick your definition.  The industry standard was the OSI definition,
> or so I thought, which makes it clear that open source also includes
> binaries that are accompanied by source code, or where
> "well-publicized means of obtaining the source code" are given.
>
> See:  http://opensource.org/osd.html
>
> I'd point out that the ALv2 applies to source as well as binaries.
>
>
> >     open source. The fact that they are derived from open source is
> applicable
> >     only to what we allow projects to be dependent upon, not what we
> vote on
> >     as a release package. Release votes are on verified open source
> artifacts.
> >     Binary packages are separate from source packages. One cannot vote to
> >     approve a release containing a mix of source and binary code because
> the
> >     binary is not open source and cannot be verified to be safe for
> release
> >     (even if it was derived from open source).
> >
>
> Again, most would disagree with the assertion that binaries are not open
> source.
>
> Regards,
>
> -Rob
>
> >     I thought that was frigging obvious. Why do I need to write
> documentation
> >     to explain something that is fundamental to the open source
> definition?
> >
> > I intend to withdraw my -1 on clarification from those IPMC members
> > casting +1 binding votes that this release VOTE is limited to the source
> > release.
> >
> > Marvin Humphrey
> >
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