CC += legal-discuss@ since this really isn't an incubator-specific topic any
more.  The context is precompiled binary artifacts on
https://www.apache.org/dist/.

David Nalley wrote on Tue, Nov 06, 2018 at 17:06:50 -0500:
> So let's assume a PMC (or PPMC) goes through the same process with
> binaries in terms of reviewing, voting on, promoting, and publishing
> to the world a binary release on behalf of the PMC and Foundation.
> Binaries are published to the same location that source tar balls are
> - are featured on download pages provided by the ASF. Perhaps even
> with the situation being that people download the binary artifacts
> from ASF resources tens of thousands, or maybe even millions of times
> more frequently than the source tarballs.
> 
> From that scenario I have some questions:
> 
> 1. Would a reasonable person (or jury) suspend disbelief long enough
> to consider our protestations that our 'releases' are source only, and
> that as a Foundation we didn't release, propagate, promote, or
> distribute the binaries in question? A rose by any other name.....
> 2. Should the Board be taking an active interest in projects (release
> managers?) who promote and publish their binaries in this manner on
> our hardware?
> 3. Is lack of Board action tantamount to tacit approval of this
> behavior? Can we really claim ignorance?
> 4. Should Infrastructure be actively monitoring and removing binaries
> which find their way to dist.a.o/archive.a.o - especially since our
> header for dist.a.o says that the directories contain releases of
> Apache software?
> 5. Should we be alerting individual release managers that publishing
> convenience binaries exposes them individually to liability?

6. What alternative can we offer to projects that want to distribute binaries?
Can the RM upload precompiled binaries to his https://home.a.o/~availid/ space?
Can the project's download page link to them as the
primary/canonical/recommended binaries?  Can the project's download page link
to the RM's binaries as one alternative among many (compare
https://subversion.apache.org/packages#windows)?

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