On Tue, 11 Nov 2003, Vic Cekvenich wrote:

>
>
> I think that this is the right list, very few people are intrested about
> the incubator. This is about ASF reputation. (It is also about the OSS
> reputation, including BSD, Linux, CodeHus, etc.)

Why not mail the httpd list then? Or the Ant list? They are as involved.

> Due to this Stein mistake OSS could be view as very lowest form. Makes
> me think ... hmm, did Linux developers refactor SCO code? Shame.
>
> I would like to know... does "ASF" claim that if they refactor offending
> code one by one, they feel they are clean?
> or
> If the code was imported and beeing refactored, that that is a probelm.

Ah. So you want to mail the board for an official response?
[EMAIL PROTECTED] is probably the correct place for such an official
response.

> > The ASF treats the allegations of code copying very seriously, and will
> > take what actions are necessary to ensure that no IP rights are
> > violated, any offending code, if found, is removed, and any other
> > appropriate action is taken.
> >
>
> I have been thinking about it, I do not think removing the offeding code
>   is appropriate or sufficient.

This is not the forum for the technicalities of that. No one here is on
this list as a committer to Geronimo. Geronimo is not a part of Jakarta.

> I feel dirty using Apache Struts today becuase of this mess. I already
> remvoed ASF licnese from basicPortal.sf.net when this was originaly done
> and uses a "commons" license or something like that.

It is illegal for you to use the ASF licence for basicportal.sf.net
anyway. Technically I'm not even sure you can legally remove the ASF
licence if you have not followed the proper procedure to do so [ie) your
community of developers have okayed it], however I doubt the ASF would
ever point that out as the mistake was to ASF licence it in the first
place.

> To the people that are siting on the sidelines:
> Do something. It does not have to be public.

So far I've yet to feel that ASF have violated anything ethically. The
Elba concept is a cute yet tricky solution to continuous integration.

The general level of stupidity shown on TSS when they announced Geronimo
suggested that the people complaining couldn't even read the basic plan
that was laid out and the level of idiocy shown over 'why can't JBoss LLC
get a free certification so they can compete with BEA and IBM' from Sun is
also hard to understand.

This is where we get into the question of whether the ASF have licenced
under an ASF licence, and not the LGPL licence of Elba, a piece of code
that is not licensable. If so, then they have legally broken a barrier.
Use of code is tricky, what if they have merely copied a design. I've not
seen anything in terms of open source test cases to suggest how open
open-source designs are.

> This is about sofware, not about lawyers.

You've made it morals vs law. I see no broken morals, and an accusation of
broken law.

> I will try to make this last message on the topic of ethics, its up to
> the people sitting on the hands to see this is as a problem and do
> something.

Quit bitching at the people on the sidelines then. This mail list is the
sidelines.

Hen


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