On 30/08/2013 22:30, Jasper Kips wrote:
> Basically, keep it as simple as possible. You most certainly do not want the 
> users, and contributors, to enter in a legal binding agreement, with all the 
> implications of that.
> Moreover, we are users and contributors. You take the role of forcing the 
> contributors to abide by the ToS, but do not grant us the same legal 
> protection you give yourself.

I agree with keeping the TOS Draft as simple as possible. However I read
some parts differently, actually the TOS Draft already provides some
protection for the operators by informing potential users that the
service may not be used for situation where an absolutely accurate and
100% stable and available service is necessary. As such any server
listed within the pool should be protected from any claims.

I'm not sure if the wording is legally correct but I can see where it
intends to go.

I would recommend to those threatening the community by extortion to
remove servers to provide some feedback to the TOS Draft first. IMHO
it's a very unfair and inappropriate way of community interaction to go
the blackmailing road instead of discussion for the better of the
community service. There is time to remove your servers once some TOS
have been instated.

These are my comments to the TOS Draft:

1) The preamble states Develooper LLC by name but the server operators
seem to be missing. Eventually this can be solved by a MoU which has to
be signed by operator in order to be included as "Provider".

2) Timing settings should be adapted to the current timings implemented
into the NTPd code.

3) I'm not sure if every server operator may provide the service as
required by US law. This may really cause an issue for all servers
outside of US or even outside California.

So in sum, I understand and agree that the operators of NTP server
should get some protection against claims. However I think the current
TOS Draft creates other issues. As a conclusion I don't agree with the
current TOS draft version.

Best regards,

Marc
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