RE : Re: RE : Re: RE : Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-17 Thread Charles-H. Schulz
Davide,

Sure. I mean that development patterns varies on the tasks at hand and their
difficulty. So explaining what devs might change or not change due to the
absence of a CA is misleading. A CA is a barrier to contribution, not a code
development pattern.

Best,
Charles.

Le 17 nov. 2010, 10:53 AM, "Davide Dozza"  a
écrit :

Hi Charles,

Charles-H. Schulz ha scritto:

> Andrea, > > I disagree with your analysis, because it fails to include the
development > specific...
What do you mean with "development specifics"?

Maybe after we have clearly defined them we can deal with.

Davide

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Re: RE : Re: RE : Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-17 Thread Davide Dozza
Hi Charles,

Charles-H. Schulz ha scritto:
> Andrea,
> 
> I disagree with your analysis, because it fails to include the development
> specifics.

What do you mean with "development specifics"?

Maybe after we have clearly defined them we can deal with.

Davide


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RE : Re: RE : Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-17 Thread Charles-H. Schulz
Andrea,

I disagree with your analysis, because it fails to include the development
specifics.

But anyway, we'll see. :-)

Charles.

Le 17 nov. 2010, 12:29 AM, "Andrea Pescetti"  a
écrit :

On 07/11/2010 Charles-H. Schulz wrote: > The last minutes of the SC meeting
explains that we will re...
...which means that at that point the only feasible solution will be to
ask for agreement/assignment on a voluntary basis, or even reject
completely this possibility.

But, at the same time, waiting a few months will allow to finally
discriminate whether the 50 or so new developers joined primarily
because the required technical skills were lowered or because the
copyright assignment was removed; if the removal of a copyright
assignment was the main reason, then I see all of them moving to more
substantial contributions by that time (and LibreOffice progressing
dramatically!).

Best regards,
  Andrea.

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Re: RE : Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-16 Thread Andrea Pescetti
On 07/11/2010 Charles-H. Schulz wrote:
> The last minutes of the SC meeting explains that we will revisit the issue
> once the Foundation is properly established.

...which means that at that point the only feasible solution will be to
ask for agreement/assignment on a voluntary basis, or even reject
completely this possibility.

But, at the same time, waiting a few months will allow to finally
discriminate whether the 50 or so new developers joined primarily
because the required technical skills were lowered or because the
copyright assignment was removed; if the removal of a copyright
assignment was the main reason, then I see all of them moving to more
substantial contributions by that time (and LibreOffice progressing
dramatically!).

Best regards,
  Andrea.


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-07 Thread Roberto Resoli
2010/11/7 Michael Meeks :
> Hi Roberto,

Hi Michael,

> On Sat, 2010-11-06 at 14:27 +0100, Roberto Resoli wrote:
>> The crucial point is not JCA/CLA ecc. but what we expect from the Foundation
>> and what we want the governance of the Foundation should be in the future.
>
>        Well, these are interesting topics of course; but somehow they have
> been intertwined in people's minds.
>
>> It's not a black box, we can form it in the way we want, but it should have a
>> motivation for existing,other than being a mere repository of code. I
>> don't feel the need for a foundation that does nothing really useful.
>
>        I agree having a useful foundation is better than a non-useful one :-)
> I'm convinced though that usefulness is an orthogonal problem to the
> need (or otherwise) for copyright ownership.

I agree that copyright ownership is not a necessary condition to have
an useful foundation, but in my opinion these are not orthogonal items at all;
the foundation can be much more effective in its action, because
owning copyright
permits much more effective action. For example: if someone steals me the
code I contributed, it would be very difficult to excercise my rights,
particularly if
the stealing subject is a big Company; the situation is even much more
difficult if the
copyright is dispersed. In "why assign" page form fsf[1] I read:

"... And despite the broad right of distribution conveyed by the GPL,
enforcement of copyright is generally not possible for distributors:
only the copyright holder or someone having assignment of the
copyright can enforce the license . If there are multiple authors of a
copyrighted work, successful enforcement depends on having the
cooperation of all authors. "

>> It's not warm, it's not cosy, but in my opinion could be more useful.
>> It could represent me in a much more effective way. A legal entity can 
>> receive
>> money, can hire lawyers, can conduct  marketing campaigns, 
>
>        A foundation that owns no code can represent you, inasmuch as it
> commands your trust and loyalty. Similarly there is no need to own
> anything in order to receive money, hire lawyers, conduct marketing
> campaigns: all of which can be good things of course.

What I said about "being an useful foundation" i referred to the fact
that, after
a month, TDF still doesn't have a legal status, and I don't see any
notice of an action in this
direction (please point me to related information if I'm wrong).
Without a legal status,
i think TDF cannot do almost anything effective, including receiving
donations and
possibly talking to governement entities.

This is also a prerequisite for eventually (even as an option, as
someone is suggesting here)
receive Copyright Assignments.

>> I think LibO is too important to let things going in a random way.
>> Random meaning that possibly some big contributors will dominate
>> the project, being the only having the adequate "contribution power"
>
>        The choice to not aggregate ownership is a deliberate one, and is by no
> means a random choice, it follows the most outstandingly successful Free
> Software projects of our time.

I understand that this is a deliberate action of course, and please,
don't think
that I want coinvince you or any other that my thoughts about CA are better;
my intention is only to present some aspects that may have been shadowed
by the need to attract contributions.

>> As I told other times, giving power to FSF or Mozilla instead of let
>> TDF taking it, is not the best thing to do.
>
>        Nonsense; the 'TDF' still has the power to re-license the code all it
> likes - vested in the consent of its members.

Mmm; my worries are very practical; as I said, Mozilla relicencing
took 4 years and a half;
what time would take to relicense about ten times that code?

> The fact that we also
> trust the FSF and the Mozilla guys to do the right thing in future is
> purely an added bonus.

Yes, I meant only that others (i trust them too, but this is not the
point) and not
the foundation we are establishing *now*, will have that power.
It sounds a bit strange to me.

>        Of course - that power is vested in the people that really wrote the
> code, documentation, translation etc. which is IMHO where it belongs.

The power is there in any case, but dispersed and not enforceable,
without a strong
(copyright owning) Foundation.

My last words about this, I definitely like more coding that talking about that.
Long live to LibO! (under a strong TDF, I hope)

bye,
rob

>        ATB,
>
>                Michael.

[1] http://www.gnu.org/licenses/why-assign.html

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RE : Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-07 Thread Charles-H. Schulz
Gianluca,

The last minutes of the SC meeting explains that we will revisit the issue
once the Foundation is properly established.
Charles.

Le 7 nov. 2010, 2:37 PM, "Gianluca Turconi"  a
écrit :

Il 07/11/2010 4.20, Michael Meeks ha scritto:

> > The choice to not aggregate ownership is a deliberate one, and is by no
> means a random choice...
Please, let me know if this decision was already taken by the founders'
group and if it's definitive.

If the answer is yes to both questions, we can close this thread and go
ahead. There isn't even any need for discussing about a compromise.

Regards,
-- 
Gianluca Turconi

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-07 Thread Gianluca Turconi

Il 07/11/2010 4.20, Michael Meeks ha scritto:

The choice to not aggregate ownership is a deliberate one, and is by no
means a random choice


Please, let me know if this decision was already taken by the founders' 
group and if it's definitive.


If the answer is yes to both questions, we can close this thread and go 
ahead. There isn't even any need for discussing about a compromise.


Regards,
--
Gianluca Turconi

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-07 Thread Gianluca Turconi

Il 06/11/2010 22.25, Cor Nouws ha scritto:

[...]


However, all that doesn't mean it might not be good for TDF to offer
developers
the choice of copyright assignment without requiring it; something
that would
also be good to offer the estates of deceased developers when those
situations
arrive. But that is all - an option should the developer with to
exercise it.


Having read all fine explanations, (strong) opinions, I think this is
simply the best we can do.

So +1 from my side,


+1 too.

It's clear what positions people have about this matter, and it's rather 
difficult they will change their mind.


Politely asking the contributors whether they want to assign their 
copyright to the foundation or not, it's a needed compromise.


I hope nobody has something to object about an action *voluntarily* done 
by the contributors, though it may involve some minor cost.


Regards,
--
Gianluca Turconi

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-06 Thread Michael Meeks
Hi Roberto,

On Sat, 2010-11-06 at 14:27 +0100, Roberto Resoli wrote:
> The crucial point is not JCA/CLA ecc. but what we expect from the Foundation
> and what we want the governance of the Foundation should be in the future.

Well, these are interesting topics of course; but somehow they have
been intertwined in people's minds.

> It's not a black box, we can form it in the way we want, but it should have a
> motivation for existing,other than being a mere repository of code. I
> don't feel the need for a foundation that does nothing really useful.

I agree having a useful foundation is better than a non-useful one :-)
I'm convinced though that usefulness is an orthogonal problem to the
need (or otherwise) for copyright ownership.

> It's not warm, it's not cosy, but in my opinion could be more useful.
> It could represent me in a much more effective way. A legal entity can receive
> money, can hire lawyers, can conduct  marketing campaigns, 

A foundation that owns no code can represent you, inasmuch as it
commands your trust and loyalty. Similarly there is no need to own
anything in order to receive money, hire lawyers, conduct marketing
campaigns: all of which can be good things of course.

> I think LibO is too important to let things going in a random way.
> Random meaning that possibly some big contributors will dominate
> the project, being the only having the adequate "contribution power"

The choice to not aggregate ownership is a deliberate one, and is by no
means a random choice, it follows the most outstandingly successful Free
Software projects of our time.

> As I told other times, giving power to FSF or Mozilla instead of let
> TDF taking it, is not the best thing to do.

Nonsense; the 'TDF' still has the power to re-license the code all it
likes - vested in the consent of its members. The fact that we also
trust the FSF and the Mozilla guys to do the right thing in future is
purely an added bonus.

Of course - that power is vested in the people that really wrote the
code, documentation, translation etc. which is IMHO where it belongs.

ATB,

Michael.

-- 
 michael.me...@novell.com  <><, Pseudo Engineer, itinerant idiot


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-06 Thread Cor Nouws

Hi all,

BRM wrote (03-11-10 14:41)


So let's get back to the real issue - the _only_ reason for copyright
assignment is to help the organizers of LibreOffice (TDF) with keeping the
license
current - e.g. moving from LGPLv3 to LGPLv4, etc.

If the TDF SC and LibreOffice developers are not concerned about that issue
(and from what I have seen in this thread the guidance is already to license as
LGPLv3+ for new contributions and there is nothing we, TDF/etc, can do about
Sun/Oracle owned code), then there is no reason for copyright assignment,
pure and simple.

Any kind of other fear mongering to get copyright assignment put in place is
unjustified.

However, all that doesn't mean it might not be good for TDF to offer developers
the choice of copyright assignment without requiring it; something that would
also be good to offer the estates of deceased developers when those situations
arrive. But that is all - an option should the developer with to exercise it.


Having read all fine explanations, (strong) opinions, I think this is 
simply the best we can do.


So +1 from my side,

Cor


--
 - giving openoffice.org its foundation :: The Document Foundation -


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-06 Thread Alexandro Colorado

On Sat, 06 Nov 2010 12:04:36 -0600, Ian  wrote:


On Sat, 2010-11-06 at 18:55 +0100, Gianluca Turconi wrote:

Il 06/11/2010 17.50, Robert Holtzman ha scritto:
> That's fine as long as those hands remain benevolent. Not always a  
good

> assumption.

If you think so, no foundation is needed at all.
--
Gianluca Turconi


To me, the main reason to have a Foundation is to have a central place
to gather and administer resources. Democratic or benevolent
dictatorship? That is an entirely different debate.



The goal of doing this is to generate income for the foundation, so having  
an audit on the administration doesn't really acomplish anything. Just  
show distrust to generate income. At the same time, even if such distrust  
exist, it doesnt really matter as long as it shows (with actions more than  
number) that is reaching it's goal.


In other words, you dont care if a government has corruption inside it's  
administration as long as you see performing well. Doing constant audits  
doesn't really matter if there is no 'jobs' or whatever is needed in the  
country.


You can apply the same thing to any other service public or private.  
Liability is a factor of life.


--
Alexandro Colorado
OOoES A.C - http://oooes.org
GPG: 68D072E6

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-06 Thread Ian
On Sat, 2010-11-06 at 18:55 +0100, Gianluca Turconi wrote:
> Il 06/11/2010 17.50, Robert Holtzman ha scritto:
> > That's fine as long as those hands remain benevolent. Not always a good
> > assumption.
> 
> If you think so, no foundation is needed at all.
> -- 
> Gianluca Turconi

To me, the main reason to have a Foundation is to have a central place
to gather and administer resources. Democratic or benevolent
dictatorship? That is an entirely different debate.

-- 
Ian
Ofqual Accredited IT Qualifications
A new approach to assessment for learning
www.theINGOTs.org - 01827 305940

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-06 Thread Gianluca Turconi

Il 06/11/2010 17.50, Robert Holtzman ha scritto:

That's fine as long as those hands remain benevolent. Not always a good
assumption.


If you think so, no foundation is needed at all.
--
Gianluca Turconi

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-06 Thread Robert Holtzman
On Sat, Nov 06, 2010 at 03:32:32PM +0100, Gianluca Turconi wrote:
> 
> And I'm, for the life of me, now and forever, more in favor of a
> vertical foundation: more powers, in good hands.

That's fine as long as those hands remain benevolent. Not always a good
assumption. 

-- 
Bob Holtzman
Key ID: 8D549279
"If you think you're getting free lunch,
 check the price of the beer"

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-06 Thread Gianluca Turconi

Il 06/11/2010 14.27, Roberto Resoli ha scritto:

As I told other times, giving power to FSF or Mozilla instead of let
TDF taking it, is not the best thing to do.


Amen! :)

Here:

http://www.letturefantastiche.com/external/vertical_and_horizontal_foundations.odg

I've expressed in graphical form the difference between a "vertical 
foundation" and a "horizontal foundation" as alternatives.


The fundamental differences are self-evident, IMO.

And I'm, for the life of me, now and forever, more in favor of a 
vertical foundation: more powers, in good hands.


Regards,
--
Gianluca Turconi

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-06 Thread Roberto Resoli
2010/11/5, Caolán McNamara :
> Wasn't subscribed to this list earlier, so I'll just hijack the first
> mail from the copyright thread to reply to to state my own opinion on
> copyright assignments.
>
> So, I'm not a huge fan of them

No one (no authors or developer, at least) can be.

> and believe they put contributors off.
> None of the various projects I've contributed to outside of
> OpenOffice.org had one, and had I been an individual developer, as
> opposed to an employee whose company approved a block assignment thing
> on our behalf, I almost certainly wouldn't have bothered to go through
> the process personally on OOos behalf either. They definitely put me
> off.

Ok, you had (eventually) to assign to a private Company in the past,
now the potential entity is a Foundation, representing all
contributors. It's not the same thing.

The crucial point is not JCA/CLA ecc. but what we expect from the Foundation
and what we want the governance of the Foundation should be in the future.
It's not a black box, we can form it in the way we want, but it should have a
motivation for existing,other than being a mere repository of code. I
don't feel the need
for a foundation that does nothing really useful.

> IMO, they take a lot of the fun out of it, and erect a barrier on two
> fronts, the first is the practical hassle of signing it, faxing it,
> sometimes even buying stamps and posting it, clicking through whatever.
> Ugh, its so often not worth the pain. The other barrier is the
> difference it makes to the perception of the body that wants it. Logging
> a patch, implementing features, etc to help out fellow developers and
> users "just like me" is one thing, but when presented with a copyright
> assignment then you're pushed out into a different world where there's
> some legal entity wants to own or co-own your work, and that's not a
> warm and cosy place.

It's not warm, it's not cosy, but in my opinion could be more useful.
It could represent me in a much more effective way. A legal entity can receive
money, can hire lawyers, can conduct  marketing campaigns, 

> Who exactly are they, what do they want to do with it, why do they need
> it. What are their motivations and can I trust them ?. If enough people
> of one company or another get onto the board will they sell out and
> relicense everything to some third party.

The governance and the rules of a strong foundation are up to us,
we can build as we want, because WE will build the Foundation.

>  Do I have to read all their
> bylaws to see if that's not going to happen. Do I trust them.
>
> As far as I know, GNOME, KDE, Linux kernel and the GIMP along with
> masses of the little projects that makes everything work, typically get
> along fine without copyright assignment, though some have quirks like
> optional copyright assignment.

Apache, FSF on the other side. The kernel is simply too big because one single
entity could hope to dominate it, and for historical reasons is not
even thinkable
to govern it in a different manner.

I think LibO is too important to let things going in a random way.
Random meaning that
possibly some big contributors will dominate the project, being the only
having the adequate "contribution power"

> There is the advantage of being able to move up to a newer version of
> the LGPL of course, but large chunks of the code is locked in as LGPLv3
> anyway, so using a newer version of the LGPL is only possible if Oracle
> relicenses their existing contribution under that, the current policy of
> placing new work under a GPLv3+/LGPLv3+/MPLv1.1 should cover situations
> like that if they arise.

As I told other times, giving power to FSF or Mozilla instead of let
TDF taking it, is not the best thing to do.

bye,
rob

> C.
>
>
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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-06 Thread Ian
On Fri, 2010-11-05 at 21:03 +, Caolán McNamara wrote:

> As far as I know, GNOME, KDE, Linux kernel and the GIMP along with
> masses of the little projects that makes everything work, typically get
> along fine without copyright assignment, though some have quirks like
> optional copyright assignment.

A basic principle is don't put in any barriers to take up unless they
are really, really, really essential.

That principle applies to software to end-users AND to developers AND to
other volunteers. Even getting access to contribute to the OOo web site
was a complicated pain and I gave up on it about 5 or 6 years ago. 

If we want community volunteers make it as easy as possible to
participate, if we want a lot of users of the software make it easy for
them to take it up - eg get it on as many future devices as the default
as possible.

-- 
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www.theINGOTs.org - 01827 305940

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-05 Thread Caolán McNamara
Wasn't subscribed to this list earlier, so I'll just hijack the first
mail from the copyright thread to reply to to state my own opinion on
copyright assignments.

So, I'm not a huge fan of them and believe they put contributors off.
None of the various projects I've contributed to outside of
OpenOffice.org had one, and had I been an individual developer, as
opposed to an employee whose company approved a block assignment thing
on our behalf, I almost certainly wouldn't have bothered to go through
the process personally on OOos behalf either. They definitely put me
off.

IMO, they take a lot of the fun out of it, and erect a barrier on two
fronts, the first is the practical hassle of signing it, faxing it,
sometimes even buying stamps and posting it, clicking through whatever.
Ugh, its so often not worth the pain. The other barrier is the
difference it makes to the perception of the body that wants it. Logging
a patch, implementing features, etc to help out fellow developers and
users "just like me" is one thing, but when presented with a copyright
assignment then you're pushed out into a different world where there's
some legal entity wants to own or co-own your work, and that's not a
warm and cosy place.

Who exactly are they, what do they want to do with it, why do they need
it. What are their motivations and can I trust them ?. If enough people
of one company or another get onto the board will they sell out and
relicense everything to some third party. Do I have to read all their
bylaws to see if that's not going to happen. Do I trust them.

As far as I know, GNOME, KDE, Linux kernel and the GIMP along with
masses of the little projects that makes everything work, typically get
along fine without copyright assignment, though some have quirks like
optional copyright assignment.

There is the advantage of being able to move up to a newer version of
the LGPL of course, but large chunks of the code is locked in as LGPLv3
anyway, so using a newer version of the LGPL is only possible if Oracle
relicenses their existing contribution under that, the current policy of
placing new work under a GPLv3+/LGPLv3+/MPLv1.1 should cover situations
like that if they arise.

C.


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-05 Thread Ian
On Fri, 2010-11-05 at 17:25 +0100, Italo Vignoli wrote:

> In addition, the free software community lacks the experience to build a 
> certification program (industry certification, similar to Microsoft, 
> Adobe, etcetera), and the Sun history shows that free software vendors - 
> with several exceptions (RedHat, MySQL prior to Sun, others) - miss the 
> point (I have had many talks with Sun marketing about this issue but I 
> have not found a single person able to understand).

I hope that excludes me :-) Of course I don't have control of resources
like Sun or IBM but I do have the expertise. When I first mentioned
certification of OOo I was told just use ECDL. Why give them the money
when we can use it to put back into development? I find it very baffling
that everyone is always looking for a sustainable service to support
development of free software yet when one is found, no-one seems to be
able to understand it. It's not that complicated in principle. What is
complex is dealing with associated government admin. etc.

We should collectively persuade Novel (or Google) to invest in it. After
all Novel needs service models to produce income and we could show how
they could make money from it as well as sustain LO. Surely it would be
better for them to cover the costs of Michael and other developers from
a steady income stream? 

Certainly we have the expertise (and technologies) to do it and the
platform with LO to reach a massive market, what we don't have is the
investment to exploit that opportunity to its full potential. If RH
certification is thought to be successful, compare the potential size of
that market to the market for LO certification of end users rather than
Linux Sys admins. ECDL - 9 million certificates last year. Really it's a
no-brainer but surprisingly difficult to get people in a position to
invest to see it.

> Yes, it is going to be damn difficult to fund a project as big as TDF 
> (believe me, after 30 years as a top manager or a consultant for large 
> IT companies such as IBM, Dell, Compaq, 3Com, Adobe, and the likes, I 
> have some experience, and I understand the business) but we must build a 
> different business model (this is not going to be a carbon copy of the 
> OOo project, and LibreOffice - as it is today - is not what we see as 
> the future of the office suite).

I agree, if it was easy someone would have done it already :-) 

But I don't really believe it is as difficult as some would think. I
just think we have to look at long term sustainability and business
strategy rather than short term coding issues. Probably the latter are a
lot easier for developers so they tend to get first focus. Business
strategy is what will make or break LO in the longer term.

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-05 Thread Italo Vignoli

On 05/11/10 11.57, Gianluca Turconi wrote:


And, by saying the truth, why a TDF certification program should be
better than a hypothetical "IBM LIbO certified professional" label, in a
wider Community?


The problem is not the quality of the certification program.

Vendors have their own certification programs to their specific 
advantage, and this would neither bring money to the community nor 
liberate the community from a single vendor lock in (certification is 
key for Microsoft lock in).


In addition, the free software community lacks the experience to build a 
certification program (industry certification, similar to Microsoft, 
Adobe, etcetera), and the Sun history shows that free software vendors - 
with several exceptions (RedHat, MySQL prior to Sun, others) - miss the 
point (I have had many talks with Sun marketing about this issue but I 
have not found a single person able to understand).



I'm surely missing something, but *as far as what I've read in this list
is concerned*, this foundation is starting to appear like an empty box:
few needs to exist and even less powers.


At the moment, and judging from outside, this perception is absolutely 
true (and, believe me, we are working hard to dispel this perception, 
but each one of us has to deal with a daily job and it is not easy).



Please, get me right, I'm really trying to understand, because I've read
several different opinions from TDF founders and I know a consensus has
still to be found about this matter.

> However, the vehemence of some voices let me think that a majority may

already exist in your group, although there hasn't been a vote yet.
Or, at least, that any decision different from the opinion expressed,
for example, by Michael Meeks, may cause more problems than anything
else during the foundation start-up phase, independently of the fair
evaluation of the alternatives.


Again, another right perception.

Unfortunately, building agreement and consensus is a process, especially 
when you have different minds to put together.


Anyway, Michael is young and energetic and very passionate. I am quite 
old but equally energetic, even if I am less passionate on the subject 
of CA (just because I cannot understand where is the trick for users 
like me, as I see advantages for developers on one side and for 
corporations on the other).


In any case, I would not connect the existence of the foundation to the 
presence of a CA, as this represents only the position of people who 
believe that free software can live only with corporate money.


Of course, I understand the position as there are many people who want 
to make their living "selling" consultancy to corporations who do not 
understand free software but need to be involved in it.


Quite simply, TDF is not going to provide additional ground for sales to 
these individuals, because we do not believe that corporate sponsors (as 
they have been involved in free software project so far) add value to 
the project.


Yes, it is going to be damn difficult to fund a project as big as TDF 
(believe me, after 30 years as a top manager or a consultant for large 
IT companies such as IBM, Dell, Compaq, 3Com, Adobe, and the likes, I 
have some experience, and I understand the business) but we must build a 
different business model (this is not going to be a carbon copy of the 
OOo project, and LibreOffice - as it is today - is not what we see as 
the future of the office suite).


Ciao, Italo

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-05 Thread Gianluca Turconi

Il 05/11/2010 13.24, Ian ha scritto:

But if there is a desire for an
independent LO foundation it also provides an opportunity to sustain it.


A desire is different from a need, in a decentralized development 
system, but I got your point, thanks, Ian.


You explained it very well, indeed. :)
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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-05 Thread Ian
On Fri, 2010-11-05 at 11:57 +0100, Gianluca Turconi wrote:
> Il 04/11/2010 16.56, Italo Vignoli ha scritto:
> > The community cannot issue formal certifications about software, and
> > this is where the OOo project has missed the point.
> 
> I know it.
> 
> Nevertheless, a foundation isn't needed to start a certification program.
> 
> Any vendor may start it, with more or less official and international 
> character.
> 
> And, by saying the truth, why a TDF certification program should be 
> better than a hypothetical "IBM LIbO certified professional" label, in a 
> wider Community?

Certification is based on confidence. Large vendors putting their name
on certification helps in that process. However, there are other
considerations. Here in the UK, unless training leads to a government
accredited certification it won't get funded. That means in practice no
FE College is going to offer that certification and you are confining
your market to the private sector. In addition, in Europe it is a high
priority for National Qualifications frameworks and their associated
qualifications to be referenced to the European Qualifications
Framework. This can attract funding from the EU into the project and
give further confidence in the certification. 

So what I said to the OOo community about 6 years ago was that
certification provided an opportunity to get an income for development
that was independent of Sun. I guess I explained it badly :-)

Sure anyone could make a certification program - *If* they have the
professional knowledge and will to make it work. Its not as simple as
just printing certificates ;-) But if there is a desire for an
independent LO foundation it also provides an opportunity to sustain it.

> I'm surely missing something, but *as far as what I've read in this list 
> is concerned*, this foundation is starting to appear like an empty box: 
> few needs to exist and even less powers.
> 
> Please, get me right, I'm really trying to understand, because I've read 
> several different opinions from TDF founders and I know a consensus has 
> still to be found about this matter. However, the vehemence of some 
> voices let me think that a majority may already exist in your group, 
> although there hasn't been a vote yet.
> 
> Or, at least, that any decision different from the opinion expressed, 
> for example, by Michael Meeks, may cause more problems than anything 
> else during the foundation start-up phase, independently of the fair 
> evaluation of the alternatives.
> 
> Regards,
> -- 
> Gianluca Turconi

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-05 Thread Gianluca Turconi

Il 04/11/2010 16.56, Italo Vignoli ha scritto:

The community cannot issue formal certifications about software, and
this is where the OOo project has missed the point.


I know it.

Nevertheless, a foundation isn't needed to start a certification program.

Any vendor may start it, with more or less official and international 
character.


And, by saying the truth, why a TDF certification program should be 
better than a hypothetical "IBM LIbO certified professional" label, in a 
wider Community?


I'm surely missing something, but *as far as what I've read in this list 
is concerned*, this foundation is starting to appear like an empty box: 
few needs to exist and even less powers.


Please, get me right, I'm really trying to understand, because I've read 
several different opinions from TDF founders and I know a consensus has 
still to be found about this matter. However, the vehemence of some 
voices let me think that a majority may already exist in your group, 
although there hasn't been a vote yet.


Or, at least, that any decision different from the opinion expressed, 
for example, by Michael Meeks, may cause more problems than anything 
else during the foundation start-up phase, independently of the fair 
evaluation of the alternatives.


Regards,
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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-04 Thread Italo Vignoli

On 04/11/10 16.35, Gianluca Turconi wrote:


However, we're disputing about the meaning of words and I don't find any
value in this, because if it walks like a duck and quacks like a duck,
it's a duck, whatever name you initially used to call it.


The community cannot issue formal certifications about software, and 
this is where the OOo project has missed the point. If you do not allow 
people to make money around a free software project, you will have the 
few hot ones but not the many warm ones, while you need both.


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-04 Thread Gianluca Turconi

Il 04/11/2010 13.37, Italo Vignoli ha scritto:

There is much more in the legal entity than copyright assignment, and at
the moment - in my very personal and humble opinion - we miss the rest
more than the CA.


Some decisions cannot be changed along the way.

Many times, once a decision is taken, it influences the whole life of a 
project.


What you call "ecosystem" in my mind is the "Community", and IMO it 
cannot be created, but it develops itself around a project, even without 
a foundation.


However, we're disputing about the meaning of words and I don't find any 
value in this, because if it walks like a duck and quacks like a duck, 
it's a duck, whatever name you initially used to call it.


I've understood what vision of the project have several TDF founders.

As I previously wrote, it worked in the past and I hope it works this 
time too.


Regards,
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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-04 Thread Italo Vignoli

On 04/11/10 11.26, Gianluca Turconi wrote:


It would be enough a code repository and a technical committee composed
by most important/best respected contributors.


A software project of the size of a productivity suite is not just about 
software, but is about maintaining relationships with different 
stakeholders, participating in committees and industry bodies (like 
OASIS), marketing, etcetera.


In addition, it is about creating the ecosystem that has been sorely 
missing around OOo (certification of developers, integrators, trainers 
and users). Free software projects cannot survive if there is not the 
structure necessary to generate added value (and revenues).


Copyright assignment is just one of the problems, and is connected to 
the vision of a foundation supported by corporate sponsors (which I do 
not support fully, in the sense that corporate sponsors - at least the 
corporate sponsors which I can think of - usually want a total control 
of the structure: think Oracle with OOo, and the respect of the OOo 
community they have demonstrated).


There is much more in the legal entity than copyright assignment, and at 
the moment - in my very personal and humble opinion - we miss the rest 
more than the CA.


Ciao, Italo

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-04 Thread Gianluca Turconi

Il 03/11/2010 16.00, Roberto Resoli ha scritto:

If the rational conclusion of these arguments is that the Linux Kernel,
>  Mozilla, SAMBA, GNOME, KDE, and by extension -all- Linux distributions
>  are fundamentally unsafe to ship - then we have a huge and un-fixable
>  problem; but one that is by far beyond the scope of LibreOffice to fix.

I agree; nevertheless, i think we should decide what kind of foundation TDF
would be, and if the foundation could effectively join the interests
all the subjects interested in
LibO (or other projects in the future). Dealing with patent claims is one of
things that i think TDF should take care of, without being necessarily
"doom mongering".


Well, from what I've read in this and other threads, I'm wondering if a 
"foundation" (association) is needed at all.


Many opinions, from TDF founders too, have been expressed in such a way 
that a central organization with a legal identity is just like killing a 
mosquito with a bazooka.


It would be enough a code repository and a technical committee composed 
by most important/best respected contributors.


The vendors may take the code from the repository and make their own 
distributions and may/may not contribute their modifications back.


If a official TDF distribution is desidered (because in such a system it 
isn't *needed*), the LibO trademark may be registered by a contributor.


A "political" committee and all the legal stuff, in that system, it's 
simply unnecessary and, IMO, highly misleading about who is doing what, 
and therefore to whom liabilities belong.


Again, this is the third time I wrote this sentence in this mailing 
list: there is a rather huge misunderstanding about the meaning of 
"Community" and "Foundation", and IMVHO, it's about time to clear this 
misunderstanding once for all.


Regards,
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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-03 Thread jonathon
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

On 11/03/2010 01:41 PM, BRM wrote:

> However, all that doesn't mean it might not be good for TDF to offer 
> developers the choice of copyright assignment without requiring it; something 
> that would also be good to offer the estates of deceased
developers when those situations arrive. But that is all - an option
should the developer with to exercise it.

IOW, what is needed is a document created by the foundation that is
legally binding in the country that the foundation is located in, that
enables either an individual or an organization to assign the
intellectual property rights of either all of their contributions, or
the contributions that are specifically identified and described in the
document, to the foundation.  This probably would be half a dozen or so
documents, for each type of contribution, and contributor.

jonathon
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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-03 Thread Roberto Resoli
2010/11/3 Michael Meeks :
>
> On Tue, 2010-11-02 at 17:28 +0100, Roberto Resoli wrote:
>> Copyright Assignment is nor bad nor good, it's a compromise
>
>        I do not see assignment in -any- way as a compromise; but as an
> un-necessary extreme.

like mine, it's an opinion, of course ;-)

>> i am still waiting to see any reply also to Andrea's proposals
>> in another thread [1]
>
>        Oh - I guess I should reply there.

thanks

>> I agree with Andrea, and I think that all this JCA stuff need a more
>> pragmatic approach
>
>        Honestly; the amount of doom mongering

I guess that with this term you mean "profecy of disaster", something
that in italian we could
name "being a Cassandra". I didn't wanted to be a Cassandra; it only
seems to me that
JCA/CLA and similar issues should be discussed openly, with fresh mind,
evaluating pro and con.

> in this thread is staggering.
> Suddenly we somehow 'discovered' that all FLOSS licenses are
> un-enforceable, jurisdictionless, that no-one has really contributed
> anything, in any binding way to any eclectically owned FLOSS project[1],
> and that only mad people would ship that software :-)

No, the issue here regards a really complex project, more than 12 millions
lines of code, I guess, that needs a transition from the "umbrella" of Oracle to
another model; clearly it's important to conduct the transition in a way
that makes feasible to manage the project in the future.

>        If the rational conclusion of these arguments is that the Linux Kernel,
> Mozilla, SAMBA, GNOME, KDE, and by extension -all- Linux distributions
> are fundamentally unsafe to ship - then we have a huge and un-fixable
> problem; but one that is by far beyond the scope of LibreOffice to fix.

I agree; nevertheless, i think we should decide what kind of foundation TDF
would be, and if the foundation could effectively join the interests
all the subjects interested in
LibO (or other projects in the future). Dealing with patent claims is one of
things that i think TDF should take care of, without being necessarily
"doom mongering".

>        In particular OpenOffice already has this problem, since it includes
> big chunks of Mozilla - which has some form of mild certification of
> authenticity - but this only extends to the person doing the committing,
> not the code they commit [ from others ] ;-) ie. it is eclectically
> owned, and there is no paperwork, or click-through before contributing.
>
>        So at this point, there are two options:
>
>        * throw up arms in dismay, conclude nothing is 'safe', and
>          wander around desparately trying to aggregate stronger
>          rights to the entire codebase in various organisations
>                [ which IMHO aggregates problems with it ].
> Or:
>        * follow the rest of the world including eg. IBM (who are not
>          short of lawyers) who already ship eg. Mozilla, SAMBA and
>          Linux without any of these apparently indispensible
>          assignments
>
>        ;-)

This dicotomy in my opinion is not reflecting the real situation, nor
I said that
assignments are indispensable. It's a subject should be discussed with
all the players.
By the way, TDF is still not a player, because it still lacks a legal
status 

bye,
rob


>        HTH,
>
>                Michael.
>
> [1] - eclectically owned projects are, by far, the vast majority of Free
> Software projects.
> --
>  michael.me...@novell.com  <><, Pseudo Engineer, itinerant idiot

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-03 Thread BRM
- Original Message 

> From: Michael Meeks 
> On Tue, 2010-11-02 at 17:28 +0100, Roberto Resoli wrote:
> > Copyright  Assignment is nor bad nor good, it's a compromise
> 
> I do  not see assignment in -any- way as a compromise; but as an
> un-necessary  extreme.

Well, let's get back to the real issue in this thread...(more below)

> > i am still waiting to see any reply also to Andrea's  proposals
> > in another thread [1] 
> 
> Oh - I guess  I should reply there.
> 
> > I agree with Andrea, and I think that all this  JCA stuff need a more
> > pragmatic approach
> 
>  Honestly; the amount of doom mongering in this thread is staggering.
> Suddenly  we somehow 'discovered' that all FLOSS licenses are
> un-enforceable,  jurisdictionless, that no-one has really contributed
> anything, in any binding  way to any eclectically owned FLOSS project[1],
> and that only mad people  would ship that software :-)

I quite agree - that's a rather foundation-less claim that it is unenforceable,
especially given all the big guns behind existing projects using such a model.
Given how much the FSF/FSFII/etc and consults the community when
developing the licenses an issue with unenforceability from such a nature
would have arisen already; but it simply has not.

So let's get back to the real issue - the _only_ reason for copyright
assignment is to help the organizers of LibreOffice (TDF) with keeping the 
license
current - e.g. moving from LGPLv3 to LGPLv4, etc.

If the TDF SC and LibreOffice developers are not concerned about that issue 
(and from what I have seen in this thread the guidance is already to license as
LGPLv3+ for new contributions and there is nothing we, TDF/etc, can do about
Sun/Oracle owned code), then there is no reason for copyright assignment,
pure and simple.

Any kind of other fear mongering to get copyright assignment put in place is
unjustified.

However, all that doesn't mean it might not be good for TDF to offer developers
the choice of copyright assignment without requiring it; something that would
also be good to offer the estates of deceased developers when those situations
arrive. But that is all - an option should the developer with to exercise it.

Ben


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-03 Thread Michael Meeks

On Tue, 2010-11-02 at 17:28 +0100, Roberto Resoli wrote:
> Copyright Assignment is nor bad nor good, it's a compromise

I do not see assignment in -any- way as a compromise; but as an
un-necessary extreme.

> i am still waiting to see any reply also to Andrea's proposals
> in another thread [1] 

Oh - I guess I should reply there.

> I agree with Andrea, and I think that all this JCA stuff need a more
> pragmatic approach

Honestly; the amount of doom mongering in this thread is staggering.
Suddenly we somehow 'discovered' that all FLOSS licenses are
un-enforceable, jurisdictionless, that no-one has really contributed
anything, in any binding way to any eclectically owned FLOSS project[1],
and that only mad people would ship that software :-)

If the rational conclusion of these arguments is that the Linux Kernel,
Mozilla, SAMBA, GNOME, KDE, and by extension -all- Linux distributions
are fundamentally unsafe to ship - then we have a huge and un-fixable
problem; but one that is by far beyond the scope of LibreOffice to fix.

In particular OpenOffice already has this problem, since it includes
big chunks of Mozilla - which has some form of mild certification of
authenticity - but this only extends to the person doing the committing,
not the code they commit [ from others ] ;-) ie. it is eclectically
owned, and there is no paperwork, or click-through before contributing.

So at this point, there are two options:

* throw up arms in dismay, conclude nothing is 'safe', and
  wander around desparately trying to aggregate stronger
  rights to the entire codebase in various organisations
[ which IMHO aggregates problems with it ].
Or:
* follow the rest of the world including eg. IBM (who are not
  short of lawyers) who already ship eg. Mozilla, SAMBA and
  Linux without any of these apparently indispensible
  assignments

;-)

HTH,

Michael.

[1] - eclectically owned projects are, by far, the vast majority of Free
Software projects.
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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-03 Thread Gianluca Turconi

Il 03/11/2010 8.59, Andre Schnabel ha scritto:

Ianal - but for German (and most EU countries) law, digital
agreements are only equivalent to written ones, if there is a trusted
electronic signature in place.

So a just "click thru" would not really establish something that is
legally binding.


How a valid contractual will is expressed, it depends on the law 
governing the agreement and this can be:


a) the law chosen by the parties in the agreement;
b) the law of the country where the defendant lives;
c) any other law expressed by the *private* international laws of the 
defendant's country;
d) any other law with which the agreement has "the stricter ties" (see 
International Convention of Rome on contractual obligations, 1980 - and 
others).


And this only for EU.

Then, you have to consider that we aren't talking about a simple online 
transaction, but copyright laws are involved too.


As long as we don't know where the "real thing" (the Foundation as legal 
entity) will be registered, we can only say that a solution *may* work.


Regards,
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Gianluca Turconi

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-03 Thread Roberto Resoli
2010/11/3 Andre Schnabel :
> Hi,
>
>
>
> Von: Gianluca Turconi
> Gesendet: 03.11.10 08:40 Uhr
>
> Il 02/11/2010 20.57, Charles Marcus ha scritto: > It might sound complicated, 
> but once it is automated, it would 'just > work'. Of course, the system that 
> holds this information should be > backed up religiously...;) This system may 
> work, indeed. It would cover several important national laws in which digital 
> agreements are equalized to written ones.
>
> Ianal - but for German (and most EU countries) law, digital agreements are 
> only
> equivalent to written ones, if there is a trusted electronic signature in 
> place.
>
> So a just "click thru" would not really establish something that is legally 
> binding.

The same in Italy, i think. The framework on digital signatures was
established in EU in 1999:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31999L0093:en:HTML

and i think is currently adopted in almost all UE countries national laws.

bye,
rob

>
> regards,
>
> André

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-03 Thread Andre Schnabel
Hi,



Von: Gianluca Turconi
Gesendet: 03.11.10 08:40 Uhr

Il 02/11/2010 20.57, Charles Marcus ha scritto: > It might sound complicated, 
but once it is automated, it would 'just > work'. Of course, the system that 
holds this information should be > backed up religiously...;) This system may 
work, indeed. It would cover several important national laws in which digital 
agreements are equalized to written ones. 

Ianal - but for German (and most EU countries) law, digital agreements are only 
equivalent to written ones, if there is a trusted electronic signature in place.

So a just "click thru" would not really establish something that is legally 
binding.

regards,

André

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-03 Thread Gianluca Turconi

Il 02/11/2010 20.57, Charles Marcus ha scritto:

It might sound complicated, but once it is automated, it would 'just
work'. Of course, the system that holds this information should be
backed up religiously...;)


This system may work, indeed.

It would cover several important national laws in which digital 
agreements are equalized to written ones.


Since *nobody* can check all laws of the world, it would be a good 
compromise btw legal safety and simplicity.


It isn't the best solution, but something is always better than nothing. :)
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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-02 Thread Charles Marcus
On 2010-11-02 8:12 AM, Thorsten Behrens wrote:
> I respect your opinion - alas, I have a different one. For your
> specific example, if someone submits code to LibO, stating in her
> mail "I license this under LGPLv3+ / MPL", and that later turns out
> to be false pretense, that gives you about as much leverage against
> the contributor as if she signs extra documents (at least for all
> practical matters.

Simple (for the submitter) is best...

Just define the process for code submissions and make the agreement a
part of that process - a checkbox, that must explicitly be checked, with
clear and unequivocal language of what the submitter is agreeing to, is
all that should be necessary.

This could be a one-time thing for those with direct commit access and
those who create an account with a web based submission system, and
something that the user must agree to each and every time for
submissions done by email - ie, they submit a patch, the system holds
it, sends an email back to the submitter, with a link they must click,
which takes them to a page where they must signify their agreement to
the copyright assignment, after which - and only after which - their
submission will be accepted.

It might sound complicated, but once it is automated, it would 'just
work'. Of course, the system that holds this information should be
backed up religiously... ;)

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-02 Thread Roberto Resoli
2010/11/1 Michael Meeks :
> Hi Andrea,
...
>> Now, without copyright assignment/agreement (granted by the LibreOffice
>> developers to the Document Foundation), the Document Foundation will be
>> in the awkward situation I described: it manages a product (LibreOffice)
>> but cannot represent the LibreOffice developers since it doesn't own the
>> code.
>
>        Sure - it can recommend, advise, and encourage people in directions; it
> can lead the project via the brand, it can encourage collaboration and
> resolve conflicts - but sure; it is not a monolithic entity that can
> dictate ownership of the code.

Nor it could help contributors in any way, if they are sued because of
their contribution.

Copyright Assignment is nor bad nor good, it's a compromise; i am
still waiting to see
any reply also to Andrea's proposals in another thread [1] .
I agree with Andrea, and I think that all this JCA stuff need a more
pragmatic approach,
when the TDF will become a stable entity with a legal peronality the
big players can deal with.

bye,
rob

[1] http://www.documentfoundation.org/lists/discuss/msg00533.html

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-02 Thread Thorsten Behrens
Gianluca Turconi wrote:
> However, what it works it isn't always the best *legal* solution.
> 
Hi Gianluca,

oh, I certainly agree on this. As usual, the challenge is to hit the
sweet spot, between attracting developers, and satisfying other 
requirements.

Cheers,

-- Thorsten

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-02 Thread Gianluca Turconi

Il 02/11/2010 13.12, Thorsten Behrens ha scritto:

[...]


I respect your opinion - alas, I have a different one. For your
specific example, if someone submits code to LibO, stating in her
mail "I license this under LGPLv3+ / MPL", and that later turns out
to be false pretense, that gives you about as much leverage against
the contributor as if she signs extra documents (at least for all
practical matters.
Sure, you can include huge damages in that legal
document - but would have to extract it, from a potential
independent contributor, in the first place). Sueing your
contributor, in any way, is most likely the lesser of your worries
in such cases... ;)


I understand that the first need and worry of the new project is to 
attract new developers.


Firstly, survive. Then, think how do you succeeded in doing so.

It's a Law of Nature. :)


Of course, distributors *can* risk if they want.


And they do. Large portions of the typical Linux stack are developed
in this, or comparable, ways.


I know it works.

However, what it works it isn't always the best *legal* solution.

If this is the chosen approach to contributions, well, I hope it'll work 
once again. :)


Regards,

Gianluca
--
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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-02 Thread Gianluca Turconi

Il 02/11/2010 15.15, BRM ha scritto:

This again goes back to what kind of community do you want?
Do you want a true F/OSS community that is based on trust?
Or do you want a bureaucratic community based on dis-trust?


Is trust in words or in papers?

Gentlemen say in words, layers in papers. ;-)

The main issue, IMO, is that TDF/LibO will not live in a aseptic F/OSS 
world where words have still their full value, but in an enlarged world 
market with huge not-so-kind corporations whose profits LibO may cut.


Is prevention better than cure?

I think so.

Nevertheless, I understand why a freer method is important in order to 
attract more developers.


Let's say I'd like a compromise between safety and pleasure. :)

Regards,
--
Gianluca Turconi

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-02 Thread BRM
- Original Message 

> From: Thorsten Behrens 
> Gianluca Turconi wrote:
> > I've already suggested that if the copyright  assignment is
> > considered a too heavy burden, it should be asked to the  contributor
> > at least a statement that clearly affirms his/her absolute  copyright
> > rights for the contribution (nobody else can claim nothing  about the
> > contribution) and includes a indemnity clause ("clausola di  manleva"
> > in my language) in the unlucky case what he/she stated it isn't  true
> > and somebody else has valid legal rights for the  contribution.
> > 
> > A "no signature involved, whatsoever" approach is  just too risky, IMO.
> > 
> Hi Gianluca,
> 
> I respect your opinion -  alas, I have a different one. For your
> specific example, if someone submits  code to LibO, stating in her
> mail "I license this under LGPLv3+ / MPL", and  that later turns out
> to be false pretense, that gives you about as much  leverage against
> the contributor as if she signs extra documents (at least  for all
> practical matters. Sure, you can include huge damages in that  legal
> document - but would have to extract it, from a  potential
> independent contributor, in the first place). Sueing your 
> contributor, in any way, is most likely the lesser of your worries
> in  such cases... ;)
> 
> > Of course, distributors *can* risk if they  want.
> >
> And they do. Large portions of the typical Linux stack are  developed
> in this, or comparable, ways.
> 

The majority of open source software is developed in that manner.
Only the large formalized organizations do anything different.

And while IANAL, each individual contribution would probably be governed by the 
laws not of where the distributor resides, but of where the contributor resides 
unless the license states otherwise. FSF licenses (GPL, LGPL, etc) do not 
presently state a specific jurisdiction last I was aware. If the laws where the 
distributor resides does not allow that model, then the distributor better move 
to somewhere that does, or cease distribution when that model is employed.

This again goes back to what kind of community do you want?
Do you want a true F/OSS community that is based on trust?
Or do you want a bureaucratic community based on dis-trust?
If you are contemplating the need for suing your contributors then you are 
already in the bureaucratic community landscape.
And if you were to sue a contributor (for any reason) consider what the 
community response may be - if they agree, they'll get behind you; if not, 
they'll leave in droves.

$0.02

Ben


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-02 Thread Thorsten Behrens
Gianluca Turconi wrote:
> I've already suggested that if the copyright assignment is
> considered a too heavy burden, it should be asked to the contributor
> at least a statement that clearly affirms his/her absolute copyright
> rights for the contribution (nobody else can claim nothing about the
> contribution) and includes a indemnity clause ("clausola di manleva"
> in my language) in the unlucky case what he/she stated it isn't true
> and somebody else has valid legal rights for the contribution.
> 
> A "no signature involved, whatsoever" approach is just too risky, IMO.
> 
Hi Gianluca,

I respect your opinion - alas, I have a different one. For your
specific example, if someone submits code to LibO, stating in her
mail "I license this under LGPLv3+ / MPL", and that later turns out
to be false pretense, that gives you about as much leverage against
the contributor as if she signs extra documents (at least for all
practical matters. Sure, you can include huge damages in that legal
document - but would have to extract it, from a potential
independent contributor, in the first place). Sueing your 
contributor, in any way, is most likely the lesser of your worries
in such cases... ;)

> Of course, distributors *can* risk if they want.
>
And they do. Large portions of the typical Linux stack are developed
in this, or comparable, ways.

Cheers,

-- Thorsten

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-02 Thread Gianluca Turconi

Il 01/11/2010 20.50, BRM ha scritto:

While IANAL, to my understanding at least the US requires explicit documentation
of copyright assignment.
So a license stating such would not work.


In many countries, software licenses are considered contracts (by law or 
jurisprudence) and *must* be accepted before having legal validity.


The scheme is:

developer <--agreement--> distributor <--agreement--> user

The modalities of agreement change from country to country: written 
acceptation for formal existence of the contract, written acceptation 
for its use as an evidence in a trial, oral acceptation for formal 
existence of the contract, and many other formalities that surely exist, 
especially in extra-UE and common law countries.


Then, there is the overly important legal issue of what national 
copyright law is applicable to the code.


Let's say that the national law of the contributor forbids any oral or 
implicit transmission of copyright rights. What happens to his/her 
contribution?


In his/her country, that transmission would be simply unlawful and 
therefore void (or something equivalent to void). Afterwards, that 
contributor signs a contract with a corporation or individual and gives 
his/her copyright up.


What happens to the poor distributor (TDF or others) who bases his 
*presumed* distribution rights on a void oral agreement and is sued from 
such corporation or individual? No good things, be sure. :'(


I've already suggested that if the copyright assignment is considered a 
too heavy burden, it should be asked to the contributor at least a 
statement that clearly affirms his/her absolute copyright rights for the 
contribution (nobody else can claim nothing about the contribution) and 
includes a indemnity clause ("clausola di manleva" in my language) in 
the unlucky case what he/she stated it isn't true and somebody else has 
valid legal rights for the contribution.


A "no signature involved, whatsoever" approach is just too risky, IMO.

Of course, distributors *can* risk if they want.
--
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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-01 Thread BRM
- Original Message 

> From: Charles Marcus 
> On 2010-10-31 6:56 PM, Andrea Pescetti wrote:
> > Now, without copyright  assignment/agreement (granted by the LibreOffice
> > developers to the  Document Foundation), the Document Foundation will be
> > in the awkward  situation I described: it manages a product (LibreOffice)
> > but cannot  represent the LibreOffice developers since it doesn't own the
> >  code.
> Why can't TDF just add a simple, one-liner to its license stating  that
> any contributions automatically grant a co-copyright to TDF? Of  course,
> this would have to be made crystal clear to any contributors prior  to
> accepting their code, but I don't see why a specific signed  document
> would be necessary - I don't have to sign anything for an EULA to  be
> binding.

While IANAL, to my understanding at least the US requires explicit 
documentation 
of copyright assignment.
So a license stating such would not work.

So in order to be able to use it in all situation you have to play to the least 
common denominator legally - thus explicit copyright assignment.

Again, IANAL consult legal counsel accordingly for something authoritative.

Ben


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-01 Thread Charles Marcus
On 2010-10-31 6:56 PM, Andrea Pescetti wrote:
> Now, without copyright assignment/agreement (granted by the LibreOffice
> developers to the Document Foundation), the Document Foundation will be
> in the awkward situation I described: it manages a product (LibreOffice)
> but cannot represent the LibreOffice developers since it doesn't own the
> code.

Why can't TDF just add a simple, one-liner to its license stating that
any contributions automatically grant a co-copyright to TDF? Of course,
this would have to be made crystal clear to any contributors prior to
accepting their code, but I don't see why a specific signed document
would be necessary - I don't have to sign anything for an EULA to be
binding.

-- 

Best regards,

Charles

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-01 Thread Michael Meeks
Hi Andrea,

On Sun, 2010-10-31 at 23:56 +0100, Andrea Pescetti wrote:
> I haven't seen any new contributor write that they joined because of 
> (the refusal of) a copyright agreement; while I have seen several new 
> contributors write that they started contributing because the "Easy 
> Hacks" were so easy that they didn't require any previous technical 
> knowledge.

Well - there is of course an element of truth to this. However - easy
hacks are attractive IMHO because not only are they easy, but because
the result gets included in the code-base, and the developer of them is
treated as a valued peer. Saying "sure you did some good work, but until
we get a faxed form it is worthless to us" to all your contributors has
a sterilising effect on volunteers - and it has a -huge- scalding effect
on other corporations wanting to contribute. Furthermore - the absence
of a corporate spider at the centre of the web makes it possible to
build a loyalty and sense of ownership of the project as a whole -
rather than to a company: which is critical.

To see ease of writing patches as the primary improvement is to miss
the fact that people don't just want to write patches, they want to get
them included, and be valued as contributors, co-owners and peers: not
as 'intellectual property production machines' to be 'harvested'
etc. :-)

> Now, without copyright assignment/agreement (granted by the LibreOffice 
> developers to the Document Foundation), the Document Foundation will be 
> in the awkward situation I described: it manages a product (LibreOffice) 
> but cannot represent the LibreOffice developers since it doesn't own the 
> code.

Sure - it can recommend, advise, and encourage people in directions; it
can lead the project via the brand, it can encourage collaboration and
resolve conflicts - but sure; it is not a monolithic entity that can
dictate ownership of the code.

> This makes it a weaker player:

Or does it ? sometimes influence can be rather valuable, more so than
ownership or control of the asset. In this case because people are
willing to give you far more influence than ownership :-)

> Do you need an example? Think of a "happy ending" where, to the benefit 
> of users, OOo and all derivatives merge in a common project. There are 
> many stakeholders (Oracle, IBM, Novell, Red Hat, Redflag, the Document 
> Foundation...) and they might agree on a new, free, license with some 
> special provisions due to the long history of OOo. Now, without 
> copyright assignments/agreements every stakeholder would be able to join 
> the unified project except the Document Foundation.

Wait - this is an amusingly different side to the same coin that I see.
You try to draw a picture of a terrible dysfunctional situation where
companies have all this freedom to join something that individuals do
not :-)

The reality is quite different - that individual contributors to
LibreOffice have -collectively- a substantial say in how their aggregate
contribution is used - since no-one else can go away and "negotiate"
away ownership of their code / translation / artwork etc. Indeed -
individuals are peers of their corporate contributors in any such
discussion. That means that it cannot be done in a dark corner - for
sure !

This IMHO is a huge strength and reason for individual ownership.

> By choosing against copyright assignments/agreements you are killing
> this dream...

Personally I hope that the 'dream' of assigning exclusive ownership to
Oracle, that is not shared with others, is thoroughly dead.

To me the experience of this has been more of a nightmare than any
dream - in addition I have -never- seen evidence that Oracle actually
needs this right. Furthermore, I am persuaded that in general,
developers bear other contributors no ill will per-se, and would be open
to a new (non-abusive) [ie. copy-left] licensing regimen, if one is
proposed.

Clearly, the dream of working together is real, the licensing regimen
we suggest 'LGPLv3+/MPL' meets Oracle's product needs [ though not
behind-the-scenes license sale needs of course ] (of that I am certain).
So - I do believe this is a completely reasonable offer, made in good
faith, and that the (C) assignment issue is really a distraction; and
worse a dangerous one about concentrating control, whose merit (as you
suggest) is around non-transparent discussion and negotiation.

HTH,

Michael.

-- 
 michael.me...@novell.com  <><, Pseudo Engineer, itinerant idiot



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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-01 Thread Roberto Resoli
2010/11/1 Giuseppe Castagno :
> Charles-H. Schulz wrote:
>>
>> Hello BRM,
>>
>>
>> Le Thu, 28 Oct 2010 07:12:59 -0700 (PDT),
>> BRM  a écrit :
>>
>>> - Original Message 
>>>
 From: Charles-H. Schulz 
 4) the notion that we cannot change license  because we don't have
 copyright assignment needs to be put to rest once and  for all
 today. There is a very simple explanation with respect to this
>
> [big snip]
>
>>> Perhaps the way around that is to require those contributing TDF to
>>> use the "or later" language; though some may not want to.
>>>
>>> Even without copyright assignment the only thing standing in the way
>>> of changing the license - whether to LGPLv4 or even GPLv3 or whatever
>>> else - is getting the permission of _all_ the copyright holders.
>>
>> Good objection indeed! Actually, the problem is partly solved, since we
>> now license our software under "LGPL v3 or later". At least it would be
>> solved for the LGPL side of things. But my real answer here though, is
>> perhaps more provocative: if Oracle changes the licence, do we really
>> care? for the 3.3 we stick to the codebase of OOo, but I'm unsure we'll
>> stick that much  to it in further releases. In fact, I can already
>> point out, looking at our development activity, that we're not taking
>> the path of being "OpenOffice.org, just recompiled by the community". I
>> think as the time will go by, we will diverge more and more and end up
>> becoming quite different software.
>>>
>>> >From what I understand this is already impossible to do under Linux

 due to
>>>
>>> deaths of at least one contributor.
>>
>> Yes, and in this case a rewrite is needed.
>
> this can work in practice for small addendum, but what about bigger one?
>
> That may take some time.
>
> I implemented PDF/A-1a in OOo around 3 years ago
> (http://blogs.sun.com/GullFOSS/entry/news_in_pdfexport), rewriting it
> from scratch would not be a quick matter.
>
> And, my personal opinion only, years back I signed the then Sun (J)CA, I
> will sign a TDF one or similar without problem.
>
> May be the CA should be on a voluntary basis.
>
> Just my 0,02 as a dev, and not a lawyer.

I can only add an example: Mozilla relicensing took "four and a half
years, 445 contributors and 28522 files":

http://weblogs.mozillazine.org/gerv/archives/2006/03/relicensing_complete.html

And i think that OOo/LibO is one order magnitude (10 times) than
Mozilla in terms of lines of code.

bye,
rob

>
> beppec56

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-01 Thread Roberto Resoli
2010/11/1 Harri Pitkänen :
> Hi!

Hi all,

> On Monday 01 November 2010, Andre Schnabel wrote:
>> If we want an answer on this (would developers not have joined if there
>> was a CA) we would need to ask them. This should indeed be asked
>> at the dev-list. I'd bet, that at least some of them would state
>> that they not would have joined.
>
> I can at least say that I would most likely not have contributed if a CA had
> been required. "Most likely" means that I would have read the assignment and
> looked at the organization behind it before making the decision. If they were
> both solid and there were strong enough justification for it, I would sign. In
> this case neither the organization nor the assignment text exist yet so I
> cannot do that.

The same holds for me. CA is  possibly a "necessary evil", it doesn't
make much sense
asking an unbiased opinion to developers, they don't like it in
general, of course.

TDF has to have a very clear position about it, nevertheless, for the
very good reasons Andrea already
pointed out. TDF is going to be in a much weaker position if it does
not asks a JCA or CLA or
something like that to his contributors.
Weaker regarding his position towards commercial companies, weaker in his
ability to provide support to his contributors against patent claims
or other litigations.
As a developer, i think that protection from patent claims provided by
L/GPL3 in not sufficient, I would like if TDF could be in charge in
such cases, not me.

> I am not a major contributor so this may not weight much in the final
> decision. But one rather large problem that I see with the assignments is that
> if they are required also from developers of external libraries then the
> assignment would also be needed from developers that may not have any interest
> in LibreOffice but may still have some common development interest with us.
>
> Let's take Word import/export filters for example. They could (at least in
> theory, I saw the idea somewhere in the Wiki) be split to a separate library
> and shared with KOffice or someone who wanted to write a free competitor for
> Google Docs. People developing such libraries might react badly if they would
> be required to sign a CA just to get a patch in to support a product that they
> have no personal interest in. One of the strengths of free software is that we
> can work together on such things even if our own goals were totally different,
> perhaps even competing.
>
> We could solve this by excluding all external libraries, including the
> hypothetical Word import/export library, from the CA requirement. But would
> such arrangement lose most of the benefits of CA that covered everything? My
> (perhaps incorrect) understanding of the situation is that many proprietary
> derivatives of OOo were shipped without providing any source code under the
> LGPL.
> If the import/export library was LGPL only then no-one could do such
> thing anymore. Not that I understand why avoiding LGPL this way is important
> for anyone, but probably the companies have their reasons.

These are very good points. At the moment, anyway, all new files are
(or should be)
contributed in a Mozilla-like three-license fashion[1]. Comparing it
with the Mozilla
boilerplate [2] from which it is presumably derived, it lacks the
final part, but i think it's clear that
anyone is free to use the contribution under any one of GPLV3+, LGPV3+
or MPL license.

> I'm not totally against the CA. I have signed the JCA for Sun and contributed
> some small patches to OOo in a few cases where that was needed to solve some
> issue that affected only Finnish users or something similar. But after reading
> this discussion and thinking about it I do feel that there is more to win by
> not replicating that process for LibreOffice.

My feelings are slightly on the other side, for the reasons i told at
start, but let's see how this interesting thread will evolve...

bye,
rob

> Harri

[1] http://www.freedesktop.org/wiki/Software/LibreOffice/LicenseHeader
[2] http://www.mozilla.org/MPL/boilerplate-1.1/mpl-tri-license-c

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-01 Thread Harri Pitkänen
Hi!

On Monday 01 November 2010, Andre Schnabel wrote:
> If we want an answer on this (would developers not have joined if there
> was a CA) we would need to ask them. This should indeed be asked
> at the dev-list. I'd bet, that at least some of them would state
> that they not would have joined.

I can at least say that I would most likely not have contributed if a CA had 
been required. "Most likely" means that I would have read the assignment and 
looked at the organization behind it before making the decision. If they were 
both solid and there were strong enough justification for it, I would sign. In 
this case neither the organization nor the assignment text exist yet so I 
cannot do that.

I am not a major contributor so this may not weight much in the final 
decision. But one rather large problem that I see with the assignments is that 
if they are required also from developers of external libraries then the 
assignment would also be needed from developers that may not have any interest 
in LibreOffice but may still have some common development interest with us.

Let's take Word import/export filters for example. They could (at least in 
theory, I saw the idea somewhere in the Wiki) be split to a separate library 
and shared with KOffice or someone who wanted to write a free competitor for 
Google Docs. People developing such libraries might react badly if they would 
be required to sign a CA just to get a patch in to support a product that they 
have no personal interest in. One of the strengths of free software is that we 
can work together on such things even if our own goals were totally different, 
perhaps even competing.

We could solve this by excluding all external libraries, including the 
hypothetical Word import/export library, from the CA requirement. But would 
such arrangement lose most of the benefits of CA that covered everything? My 
(perhaps incorrect) understanding of the situation is that many proprietary 
derivatives of OOo were shipped without providing any source code under the 
LGPL. If the import/export library was LGPL only then no-one could do such 
thing anymore. Not that I understand why avoiding LGPL this way is important 
for anyone, but probably the companies have their reasons.

I'm not totally against the CA. I have signed the JCA for Sun and contributed 
some small patches to OOo in a few cases where that was needed to solve some 
issue that affected only Finnish users or something similar. But after reading 
this discussion and thinking about it I do feel that there is more to win by 
not replicating that process for LibreOffice.

Harri

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-01 Thread Giuseppe Castagno

Charles-H. Schulz wrote:

Hello BRM,


Le Thu, 28 Oct 2010 07:12:59 -0700 (PDT),
BRM  a écrit :


- Original Message 


From: Charles-H. Schulz 
4) the notion that we cannot change license  because we don't have
copyright assignment needs to be put to rest once and  for all
today. There is a very simple explanation with respect to this


[big snip]


Perhaps the way around that is to require those contributing TDF to
use the "or later" language; though some may not want to.

Even without copyright assignment the only thing standing in the way
of changing the license - whether to LGPLv4 or even GPLv3 or whatever
else - is getting the permission of _all_ the copyright holders.


Good objection indeed! Actually, the problem is partly solved, since we
now license our software under "LGPL v3 or later". At least it would be
solved for the LGPL side of things. But my real answer here though, is
perhaps more provocative: if Oracle changes the licence, do we really
care? for the 3.3 we stick to the codebase of OOo, but I'm unsure we'll
stick that much  to it in further releases. In fact, I can already
point out, looking at our development activity, that we're not taking
the path of being "OpenOffice.org, just recompiled by the community". I
think as the time will go by, we will diverge more and more and end up
becoming quite different software. 


>From what I understand this is already impossible to do under Linux
due to 

deaths of at least one contributor.


Yes, and in this case a rewrite is needed.


this can work in practice for small addendum, but what about bigger one?

That may take some time.

I implemented PDF/A-1a in OOo around 3 years ago
(http://blogs.sun.com/GullFOSS/entry/news_in_pdfexport), rewriting it
from scratch would not be a quick matter.

And, my personal opinion only, years back I signed the then Sun (J)CA, I
will sign a TDF one or similar without problem.

May be the CA should be on a voluntary basis.

Just my 0,02 as a dev, and not a lawyer.

beppec56

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Kind Regards,
Giuseppe Castagno
Acca Esse http://www.acca-esse.eu
giuseppe.castagno at acca-esse.eu
beppec56 at openoffice.org






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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-01 Thread Andre Schnabel
Hi Andrea,

( just to mention: I did not make my mind on this yet, I'm just 
providing some thoughts)

> Von: Andrea Pescetti 
> An: discuss@documentfoundation.org

> > The paperwork was only a practical detail: not relinquising your
> > copyright is the most important.
> 
> I haven't seen any new contributor write that they joined because of 
> (the refusal of) a copyright agreement; while I have seen several new 
> contributors write that they started contributing because the "Easy 
> Hacks" were so easy that they didn't require any previous technical 
> knowledge.

If we want an answer on this (would developers not have joined if there 
was a CA) we would need to ask them. This should indeed be asked
at the dev-list. I'd bet, that at least some of them would state
that they not would have joined.


> 
> Do you need an example? Think of a "happy ending" where, to the benefit 
> of users, OOo and all derivatives merge in a common project. There are 
> many stakeholders (Oracle, IBM, Novell, Red Hat, Redflag, the Document 
> Foundation...) and they might agree on a new, free, license with some 
> special provisions due to the long history of OOo. Now, without 
> copyright assignments/agreements every stakeholder would be able to join 
> the unified project except the Document Foundation. By choosing against 
> copyright assignments/agreements you are killing this dream... And I 
> can't see how the Document Foundation could realistically say it is open 
> to discuss with companies in this setting.


Ok, got your point. But I (personally) see that this is very unlikely to 
happen. I might be wrong, but everything I heard from the OOo main
sponsor so far indicated that they will never ever debate the CA /
licensing issue on a common ground.

Anyway - it all depends on the question if developers would sign the CA.
And we can only ask developers on this.

André




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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-11-01 Thread Andrea Pescetti

Charles-H. Schulz wrote:

Andrea Pescetti a écrit :
Honestly, I believe new developers joined because the bar for 
contribution was lowered ... 
the paperwork reduction may have helped too, but I don't see

it as the most effective improvement.

The paperwork was only a practical detail: not relinquising your
copyright is the most important.


I haven't seen any new contributor write that they joined because of 
(the refusal of) a copyright agreement; while I have seen several new 
contributors write that they started contributing because the "Easy 
Hacks" were so easy that they didn't require any previous technical 
knowledge.


So, unless this theory can be supported by numbers, the mere refusal of 
copyright assignments/agreements does not seem to me the reason why new 
contributors were attracted.



So we do take for granted that Oracle will not contribute to the
Document Foundation, because that's what Oracle clearly implied in their
last press release and what they told us (informally). This has to be
very clear from now on. We are still open for future discussions, of
course, but what you seem to imply is that conditions for a cooperation
would require the document foundation to assign copyright (the
contributions of the LibreOffice developers) back to Oracle again.


No, I never thought this, let alone write, let alone imply.


if we find a way to cooperate, I can assure you that the
condition will not be that we give our copyright to Oracle.


Of course. I'll retry.

If the Document Foundation wants to live in the real world, it will have 
to discuss with companies that work on OpenOffice.org and its 
derivatives (and this is peculiar to the OpenOffice.org codebase, so 
examples taken from elsewhere might not fit).


Now, without copyright assignment/agreement (granted by the LibreOffice 
developers to the Document Foundation), the Document Foundation will be 
in the awkward situation I described: it manages a product (LibreOffice) 
but cannot represent the LibreOffice developers since it doesn't own the 
code.


This makes it a weaker player: if the Document Foundation MANAGED, say, 
20% of the "OOo+LibreOffice" code, then its "weight" in talks with 
corporations can be proportional to it. But if it merely REPRESENTS 20% 
of the code but still any decisions must be ratified by the individual 
developers, its "weight" will be much lower.


Do you need an example? Think of a "happy ending" where, to the benefit 
of users, OOo and all derivatives merge in a common project. There are 
many stakeholders (Oracle, IBM, Novell, Red Hat, Redflag, the Document 
Foundation...) and they might agree on a new, free, license with some 
special provisions due to the long history of OOo. Now, without 
copyright assignments/agreements every stakeholder would be able to join 
the unified project except the Document Foundation. By choosing against 
copyright assignments/agreements you are killing this dream... And I 
can't see how the Document Foundation could realistically say it is open 
to discuss with companies in this setting.


Regards,
  Andrea Pescetti.


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-31 Thread Charles-H. Schulz
Hello Andrea,


Le Sat, 30 Oct 2010 17:10:07 +0200,
Andrea Pescetti  a écrit :

> Charles-H. Schulz wrote:
> > We initially agreed not to request the assignment of copyright for
> > code contributions, and we can only witness that it's been so far
> > the right decision: Many developers have joined us and contribute
> 
> Honestly, I believe new developers joined because the bar for 
> contribution was lowered to the point that anyone who can use a text 
> editor can contribute to the code, even if he is unable to build 
> LibreOffice. The Easy Hacks were a nice way to attract new people. Of 
> course the paperwork reduction may have helped too, but I don't see
> it as the most effective improvement.


The paperwork was only a practical detail: not relinquising your
copyright is the most important.


> 
> > 3) ... In the CVS (and even SVN) there was a real hierarchy. ... 
> > BTW; LibreOffice uses Git, which is a distributed SCM.
> 
> So did (and still does) OpenOffice.org with Mercurial, another 
> distributed SCM. But I don't believe this is relevant.
> 
> > 4) the notion that we cannot change license because we don't have
> > copyright assignment needs to be put to rest once and for all today.
> > There is a very simple explanation with respect to this issue; ask
> > any lawyer and he/she will confirm this: Sun/Oracle has licensed
> > the OOo code under LGPL v3. They could have put "LGPL v3 or later"
> > or "LGPL v3 or +". But they didn't. And that's what makes
> > impossible to turn OOo into a different license unless the sole
> > copyright owner agrees to change it, which is unlikely with Oracle.
> 
> Well, if you take for granted that cooperation between Oracle and the 
> Document Foundation will forever be impossible then you are right.
> But who knows what will happen in months, years? If Oracle changes
> attitude and wants to discuss licensing with the Document Foundation,
> the Document Foundation will be in the awkward position of
> "representing" the LibreOffice developers only in theory, because any
> agreement would then need to be confirmed with every developer; while
> with a copyright agreement/assignment in place, the Document
> Foundation could effectively represent a measurable percentage of the
> codebase, and its opinion be weighed accordingly.


So we do take for granted that Oracle will not contribute to the
Document Foundation, because that's what Oracle clearly implied in their
last press release and what they told us (informally). This has to be
very clear from now on. We are still open for future discussions, of
course, but what you seem to imply is that conditions for a cooperation
would require the document foundation to assign copyright (the
contributions of the LibreOffice developers) back to Oracle again. Well
this is something that will never ever happen. If Oracle wants to work
with us, if we find a way to cooperate, I can assure you that the
condition will not be that we give our copyright to Oracle. Everybody
can keep its own copyright and it will be a very healthy situation. 

Best,
Charles.

> 
> Best regards,
>Andrea Pescetti.
> 


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-30 Thread Andrea Pescetti

Charles-H. Schulz wrote:

We initially agreed not to request the assignment of copyright for code
contributions, and we can only witness that it's been so far the right
decision: Many developers have joined us and contribute


Honestly, I believe new developers joined because the bar for 
contribution was lowered to the point that anyone who can use a text 
editor can contribute to the code, even if he is unable to build 
LibreOffice. The Easy Hacks were a nice way to attract new people. Of 
course the paperwork reduction may have helped too, but I don't see it 
as the most effective improvement.


3) ... In the CVS (and even SVN) there was a real hierarchy. ... 
BTW; LibreOffice uses Git, which is a distributed SCM.


So did (and still does) OpenOffice.org with Mercurial, another 
distributed SCM. But I don't believe this is relevant.



4) the notion that we cannot change license because we don't have
copyright assignment needs to be put to rest once and for all today.
There is a very simple explanation with respect to this issue; ask any
lawyer and he/she will confirm this: Sun/Oracle has licensed the OOo
code under LGPL v3. They could have put "LGPL v3 or later" or "LGPL v3
or +". But they didn't. And that's what makes impossible to turn OOo
into a different license unless the sole copyright owner agrees to
change it, which is unlikely with Oracle.


Well, if you take for granted that cooperation between Oracle and the 
Document Foundation will forever be impossible then you are right. But 
who knows what will happen in months, years? If Oracle changes attitude 
and wants to discuss licensing with the Document Foundation, the 
Document Foundation will be in the awkward position of "representing" 
the LibreOffice developers only in theory, because any agreement would 
then need to be confirmed with every developer; while with a copyright 
agreement/assignment in place, the Document Foundation could effectively 
represent a measurable percentage of the codebase, and its opinion be 
weighed accordingly.


Best regards,
  Andrea Pescetti.

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-29 Thread BRM
- Original Message 

> From: todd rme 
> On Fri, Oct 29, 2010 at 9:28 AM, BRM   wrote:
> > > From: Cor  Nouws 
> > > To: discuss@documentfoundation.org
> >  > Sent: Fri, October 29, 2010 2:22:03 AM
> > > Subject: Re:  [tdf-discuss] Copyright Assignments & the Document
> > > BRM wrote  (29-10-10 00:41)
> > > >> BRM wrote:
> > > >>> The  Linux Kernel guys don't require it;  KDE E.v. does. Both   
methods
> > have
> > > >>> their pros and   cons.
> > > >>
> > > >> Hi, just a very small   correction here - KDE  e.V. does not require
> > > >> it, it  is optional to sign their  FLA (a  trait shared among other
> >  > >> FLOSS projects, e.g. the Python  Foundation  acts  similarly).
> > > >
> > > > Thank you for the  correction.  I thought they did from what I had read
> > a
> >  >while
> > > > back.
> > > > Yet  another method to  accomplish the same goal.
> > >
> > > What would be the use  of  people giving the option to share a CA or not.
> > Just
> >  >the fact that, in case for  e.g. a licence update, you only have  to
> > contact x%
> > >of the  contributors?
> >
> > It  certainly reduces the burden. Otherwise you have to contact 100% of
> >  contributors, not all of which may be easy to find if at all.
> 
> I  don't mean to be morbid, but they may not even be alive.
> 

Which when we discover, may be good to offer the estate - the ability to 
hand-off copyright assignment so that:

i) the estate can completely close out
ii) the estate won't have to worry about being questioned about it in the future
iii) the estate may not be aware of it to start with and may get closed out 
without anything happening; in which case local law determines what happens 
(yet 
another headache)
Iv) the estate or successor-in-interest may not understand the question

IANAL,

$0.02

Ben


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-29 Thread todd rme
On Fri, Oct 29, 2010 at 9:28 AM, BRM  wrote:

> - Original Message 
>
> > From: Cor Nouws 
> > To: discuss@documentfoundation.org
> > Sent: Fri, October 29, 2010 2:22:03 AM
> > Subject: Re: [tdf-discuss] Copyright Assignments & the Document
> Foundation
> >
> > Hi all,
> >
> > BRM wrote (29-10-10 00:41)
> > >
> > >> From: Thorsten  Behrens
> > >>
> > >> BRM wrote:
> > >>> The Linux Kernel guys don't require it;  KDE E.v. does. Both  methods
> have
> > >>> their pros and  cons.
> > >>
> > >> Hi, just a very small  correction here - KDE  e.V. does not require
> > >> it, it is optional to sign their  FLA (a  trait shared among other
> > >> FLOSS projects, e.g. the Python  Foundation  acts similarly).
> > >
> > > Thank you for the correction.  I thought they did from what I had read
> a
> >while
> > > back.
> > > Yet  another method to accomplish the same goal.
> >
> > What would be the use of  people giving the option to share a CA or not.
> Just
> >the fact that, in case for  e.g. a licence update, you only have to
> contact x%
> >of the  contributors?
>
> It certainly reduces the burden. Otherwise you have to contact 100% of
> contributors, not all of which may be easy to find if at all.
>

I don't mean to be morbid, but they may not even be alive.

-Todd

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-29 Thread BRM
- Original Message 

> From: Cor Nouws 
> To: discuss@documentfoundation.org
> Sent: Fri, October 29, 2010 2:22:03 AM
> Subject: Re: [tdf-discuss] Copyright Assignments & the Document Foundation
> 
> Hi all,
> 
> BRM wrote (29-10-10 00:41)
> > 
> >> From: Thorsten  Behrens
> >> 
> >> BRM wrote:
> >>> The Linux Kernel guys don't require it;  KDE E.v. does. Both  methods have
> >>> their pros and  cons.
> >> 
> >> Hi, just a very small  correction here - KDE  e.V. does not require
> >> it, it is optional to sign their  FLA (a  trait shared among other
> >> FLOSS projects, e.g. the Python  Foundation  acts similarly).
> > 
> > Thank you for the correction.  I thought they did from what I had read a 
>while
> > back.
> > Yet  another method to accomplish the same goal.
> 
> What would be the use of  people giving the option to share a CA or not. Just 
>the fact that, in case for  e.g. a licence update, you only have to contact x% 
>of the  contributors?

It certainly reduces the burden. Otherwise you have to contact 100% of 
contributors, not all of which may be easy to find if at all.

Ben


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-28 Thread Cor Nouws

Hi all,

BRM wrote (29-10-10 00:41)



From: Thorsten Behrens

BRM wrote:

The Linux Kernel guys don't require it; KDE E.v. does. Both  methods have
their pros and cons.


Hi, just a very small  correction here - KDE e.V. does not require
it, it is optional to sign their  FLA (a trait shared among other
FLOSS projects, e.g. the Python Foundation  acts similarly).


Thank you for the correction. I thought they did from what I had read a while
back.
Yet another method to accomplish the same goal.


What would be the use of people giving the option to share a CA or not. 
Just the fact that, in case for e.g. a licence update, you only have to 
contact x% of the contributors?



Regards,
Cor

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-28 Thread todd rme
On Thu, Oct 28, 2010 at 9:18 AM, Charles-H. Schulz <
charles.sch...@documentfoundation.org> wrote:

> Hello all, (apologies for this quite long email)
>
> I would like to discuss a bit the position of the Document Foundation
> with respect to copyright assignments. I understand there have been
> questions here and there about this topic, and it's perhaps necessary
> to explain our position.
>
> We initially agreed not to request the assignment of copyright for code
> contributions, and we can only witness that it's been so far the right
> decision: Many developers have joined us and contribute to the
> LibreOffice codebase or extend it by localizing it and testing
> LibreOffice.
>
> We knew ever since the beginning that imposing a copyright assignment
> would be a big minus for developers. For one thing, it represents
> complexity for developers, and on the other hand, the experience we had
> with the copyright assignment under the stewardship of Oracle speaks
> for itself. It is also worth noting that in practical terms, the bulk
> of the LibreOffice codebase, that is, everything except our new
> patches, our new code, the localizations, the hacks, etc. is still
> under copyright from Oracle. Also, as a warning of sorts, keep in mind
> that copyright assignments are not the same thing as software licenses.
>
> I am going to write below some of the reasons why I also think that not
> having a copyright assignment is either a good idea or does not really
> matter at all.
>
> 1) no one has yet been able to clearly articulate what advantage we
> would gain by having one for TDF. For instance, it's not at all clear,
> and is in fact quite likely than any major software vendor would be
> shunned away from our project if we had a copyright assignment: it
> would basically mean that we would own their "intellectual property",
> and I'm not so sure it flies well with corporate lawyers in charge of
> protecting it.
>
> 2) the state of the art in terms of such assignments is changing
> rapidly. We stand at a corner of FOSS history, where the realization
> that projects led by one vendor only tend to fail, unless the vendor
> itself puts others in charge of the projects and gives free reins to
> its community. Look at what's happening with Fedora with respect to
> its ditching of copyright assignments. Experiences in other projects
> show that the "protection" that such assignments provide is at best
> minimal, and most of the times quickly abused, most of the time by its
> steward.
>
> 3) copyright assignments are not blocking the reuse of code or
> anything similar; there are several reasons for this, but one which is
> practical: a few years ago, you had a central branch with a tool like
> CVS. In the CVS (and even SVN) there was a real hierarchy. There was my
> branch and you were contributing to it. Now, many projects use similar
> tools, except that they are in fact quite different: they are
> distributed: there are as many different copies as there are
> developers; and the choice is social (people agree on what's best or
> respect the guy who has the biggest beard or something like this). So
> people create a big heap of code, and if they want to create their own
> stuff in their own corner, they do it; they don't deal with
> hierarchies, and paperwork. If they're not happy, they leave. That's
> how it works today. BTW; LibreOffice uses Git, which is a distributed
> SCM.
>
> 4) the notion that we cannot change license because we don't have
> copyright assignment needs to be put to rest once and for all today.
> There is a very simple explanation with respect to this issue; ask any
> lawyer and he/she will confirm this: Sun/Oracle has licensed the OOo
> code under LGPL v3. They could have put "LGPL v3 or later" or "LGPL v3
> or +". But they didn't. And that's what makes impossible to turn OOo
> into a different license unless the sole copyright owner agrees to
> change it, which is unlikely with Oracle.
>
> 5) based on my 4) point, you can object that without a copyright
> assignment, we would be stuck with the same license for ever, since we
> would not be able to decide to change the license of our lines of
> code.  In fact, the problem lies in the heap of code we would have to
> change in order to be able to turn the whole code into something
> else... but here's what the developers of LibreOffice did: they simply
> didn't change the license, they started to license their own changes
> under the same license (LGPL V3)... and added : "or +" after it. So the
> license will change or at least be modified that way. But what if we
> want to change the whole thing? well, we'll contact all the authors who
> got their code into LibreOffice. We have their emails, etc. And if some
> of them don't agree with us, then perhaps we'll have to redevelop their
> own code.
>
> 6) there is also a confusion between copyright assignment and copyright
> protection. True, when you assign code to the FSF, you do expect to be
> leg

Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-28 Thread BRM
- Original Message 

> From: Thorsten Behrens 
> To: discuss@documentfoundation.org
> Sent: Thu, October 28, 2010 5:37:19 PM
> Subject: Re: [tdf-discuss] Copyright Assignments & the Document Foundation
> 
> BRM wrote:
> > The Linux Kernel guys don't require it; KDE E.v. does. Both  methods have 
>their 
>
> > pros and cons.
> > 
> Hi, just a very small  correction here - KDE e.V. does not require
> it, it is optional to sign their  FLA (a trait shared among other
> FLOSS projects, e.g. the Python Foundation  acts similarly).
> 

Thank you for the correction. I thought they did from what I had read a while 
back.
Yet another method to accomplish the same goal.

Ben


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-28 Thread Thorsten Behrens
BRM wrote:
> The Linux Kernel guys don't require it; KDE E.v. does. Both methods have 
> their 
> pros and cons.
> 
Hi, just a very small correction here - KDE e.V. does not require
it, it is optional to sign their FLA (a trait shared among other
FLOSS projects, e.g. the Python Foundation acts similarly).

Cheers,

-- Thorsten

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-28 Thread BRM
- Original Message 

> From: Charles-H. Schulz 
> Le Thu, 28 Oct 2010 07:12:59 -0700 (PDT),
> BRM  a écrit  :
> > > From: Charles-H.  Schulz 
> >  > 4) the notion that we cannot change license  because we don't  have
> > > copyright assignment needs to be put to rest once and   for all
> > > today. There is a very simple explanation with respect to  this
> > > issue;  ask any lawyer and he/she will confirm this:  Sun/Oracle has
> > > licensed the  OOo code under LGPL v3. They  could have put "LGPL v3
> > > or later" or "LGPL  v3 or +". But they  didn't. And that's what
> > > makes impossible to turn  OOo into a  different license unless the
> > > sole copyright owner agrees  to  change it, which is unlikely with
> > > Oracle.
> > 
> > While I  like that TDF is not requiring copyright assignment, there is
> > one point  missing here that is in its favor.
> > 
> > True, Sun/Oracle has  currently licensed OOo under LGPLv3.
> > But what's to stop them from going  to LGPLv4 when it is available?
> > Absolutely nothing. At which point TDF  may not be able to accept
> > changes from OOo any longer assuming it is  still possible at that time
> > without updating the LO license to be the  same or inclusive therein.
> > 
> > Perhaps the way around that is to  require those contributing TDF to
> > use the "or later" language; though  some may not want to.
> > 
> > Even without copyright assignment the  only thing standing in the way
> > of changing the license - whether to  LGPLv4 or even GPLv3 or whatever
> > else - is getting the permission of  _all_ the copyright holders.
> 
> Good objection indeed! Actually, the problem  is partly solved, since we
> now license our software under "LGPL v3 or later".  At least it would be
> solved for the LGPL side of things. But my real answer  here though, is
> perhaps more provocative: if Oracle changes the licence, do  we really
> care? for the 3.3 we stick to the codebase of OOo, but I'm unsure  we'll
> stick that much  to it in further releases. In fact, I can  already
> point out, looking at our development activity, that we're not  taking
> the path of being "OpenOffice.org, just recompiled by the  community". I
> think as the time will go by, we will diverge more and more and  end up
> becoming quite different software. 
>

For the most part, probably not. Though all code coming from OOo is LGPLv3 
only, 
you might for whatever code is shared if LO was to relicense its code under 
LGPLv4 or later at some point, if only to gain the advantages of the new 
version 
of the license from the FSF.

And I in no way intended to make it sound as if LO is just a community 
recompile 
of OOo; rather, it is the community extension of OOo. Kind of similar to how 
Andrew Morton and Linus Torvalds both had their own development trees and 
releases of the Linux Kernel. Linus' is the official kernel, but it equally 
competed with the mm branch maintained by Andrew Morton. The mm branch 
typically 
had everything in Linus' branch plus some other stuff - extra patches, etc. - 
that Linus is not ready or willing to accept yet.[1] LO, at least at this 
juncture, is very similar with OOo - it's inherited a huge code base that has 
to 
be maintained, and is adding its own stuff. It is wise to incorporate the 
changes from OOo for any overlap there is if not only so there is a lower level 
of support required for LO until those parts get written out, etc. The bigger 
difference here is that LO has to worry about user interface stuff - where 
Andrew Morton does not. Only time will truly tell how the two products (LO and 
OOo) diverge; but we shouldn't shut the door or exclude the possibility of 
continued merges from OOo.

As a developer I certainly do like the no copyright assignment; as an 
organization looking to be able to enforce and update the license as necessary 
to maintain the product I would prefer the copyright assignment. As I said 
earlier, both have their pros and cons.

I wonder if anyone has ever investigated a middle-ground - a contract between 
the organization and the developer such that the developer allows the 
organization to update the license so long as the license meets certain 
conditions - so the organization can be pro-active concerning license changes, 
yet doing so without assigning copyright. While IANAL it seems there might be a 
way to meet both needs.

Again, just $0.02.

Ben

[1] mm tree was closed down several years back. So it's no longer current, but 
there are still numerous other layers in the Linux development model that do 
just this still.


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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-28 Thread Charles-H. Schulz
Hello BRM,


Le Thu, 28 Oct 2010 07:12:59 -0700 (PDT),
BRM  a écrit :

> - Original Message 
> 
> > From: Charles-H. Schulz 
> > 4) the notion that we cannot change license  because we don't have
> > copyright assignment needs to be put to rest once and  for all
> > today. There is a very simple explanation with respect to this
> > issue;  ask any lawyer and he/she will confirm this: Sun/Oracle has
> > licensed the  OOo code under LGPL v3. They could have put "LGPL v3
> > or later" or "LGPL  v3 or +". But they didn't. And that's what
> > makes impossible to turn  OOo into a different license unless the
> > sole copyright owner agrees  to change it, which is unlikely with
> > Oracle.
> 
> While I like that TDF is not requiring copyright assignment, there is
> one point missing here that is in its favor.
> 
> True, Sun/Oracle has currently licensed OOo under LGPLv3.
> But what's to stop them from going to LGPLv4 when it is available?
> Absolutely nothing. At which point TDF may not be able to accept
> changes from OOo any longer assuming it is still possible at that time
> without updating the LO license to be the same or inclusive therein.
> 
> Perhaps the way around that is to require those contributing TDF to
> use the "or later" language; though some may not want to.
> 
> Even without copyright assignment the only thing standing in the way
> of changing the license - whether to LGPLv4 or even GPLv3 or whatever
> else - is getting the permission of _all_ the copyright holders.

Good objection indeed! Actually, the problem is partly solved, since we
now license our software under "LGPL v3 or later". At least it would be
solved for the LGPL side of things. But my real answer here though, is
perhaps more provocative: if Oracle changes the licence, do we really
care? for the 3.3 we stick to the codebase of OOo, but I'm unsure we'll
stick that much  to it in further releases. In fact, I can already
point out, looking at our development activity, that we're not taking
the path of being "OpenOffice.org, just recompiled by the community". I
think as the time will go by, we will diverge more and more and end up
becoming quite different software. 

> 
> >From what I understand this is already impossible to do under Linux
> >due to 
> deaths of at least one contributor.

Yes, and in this case a rewrite is needed. 

> 
> The main reason projects move towards having copyright assignment is
> to be able to keep the licensing language up to date - to use the
> latest GPL/LGPL license due to exactly the issue of how hard it is to
> track down every contributor and get their permission in should they
> want to change the license. At present the bulk of the code is held
> by Oracle and such can be most easily changed by garnishing
> permission from one entity; though that will not be true for long for
> TDF without copyright assignment - in which case there would be two -
> TDF and Oracle.
> 
> The Linux Kernel guys don't require it; KDE E.v. does. Both methods
> have their pros and cons.
> 
> Ultimately, as long as TDF and the community are aware and accept
> what may occur should Oracle radically change the license it doesn't
> really matter.


exactly. 

> 
> Just pointing out it's a little more complex than Oracle is not
> likely to change the license since they very well could. Fortunately
> they cannot do it retroactively, at least with the LGPL.
> 
> $0.02
> 

Thanks!

Charles.

> Ben
> 
> P.S. IANAL and such disclaimers. This is just from what I have
> learned from years of watching the community and the licensing topics.
> 
> 



-- 
Charles-H. Schulz
Membre du Comité exécutif
The Document Foundation.

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-28 Thread Gianluca Turconi

Charles-H. Schulz wrote:

4) the notion that we cannot change license because we don't have
copyright assignment needs to be put to rest once and for all today.
There is a very simple explanation with respect to this issue; ask any
lawyer and he/she will confirm this: Sun/Oracle has licensed the OOo
code under LGPL v3. They could have put "LGPL v3 or later" or "LGPL v3
or +". But they didn't. And that's what makes impossible to turn OOo
into a different license unless the sole copyright owner agrees to
change it, which is unlikely with Oracle.


In LGPL v3, clause 2, letter b) is written: "then you may convey a copy 
of the modified version: [...] under the GNU ***GPL***, with none of the 
additional permissions of this License applicable to that copy.".


It's the "LGPL to GPL upgrade clause" of LGPL 2.1 revisited.

A choice is still possible, between LGPL and GPL.

I don't want to start a religion war, so I'm just stating that a 
licensing change it's still possible. :)


About the rest of your message, I largely agree with you, although a 
written statement from code contributors in which it's written "I'm the 
only author and I own the copyright and any other derived right related 
to my contributed code" would be really a good thing before starting a 
"TDF labelled" distribution of LibO.


It'd be to prevent distribution liability for TDF or its founders or its 
members in case of unlawful contribution from third parties.


You know it and you've written it too: lawyers love deep pockets when 
suing... ;-)


Regards,
--
Gianluca Turconi

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Re: [tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-28 Thread BRM
- Original Message 

> From: Charles-H. Schulz 
> 4) the notion that we cannot change license  because we don't have
> copyright assignment needs to be put to rest once and  for all today.
> There is a very simple explanation with respect to this issue;  ask any
> lawyer and he/she will confirm this: Sun/Oracle has licensed the  OOo
> code under LGPL v3. They could have put "LGPL v3 or later" or "LGPL  v3
> or +". But they didn't. And that's what makes impossible to turn  OOo
> into a different license unless the sole copyright owner agrees  to
> change it, which is unlikely with Oracle.

While I like that TDF is not requiring copyright assignment, there is one point 
missing here that is in its favor.

True, Sun/Oracle has currently licensed OOo under LGPLv3.
But what's to stop them from going to LGPLv4 when it is available?
Absolutely nothing. At which point TDF may not be able to accept changes from 
OOo any longer assuming it is still possible at that time
without updating the LO license to be the same or inclusive therein.

Perhaps the way around that is to require those contributing TDF to use the "or 
later" language; though some may not want to.

Even without copyright assignment the only thing standing in the way of 
changing 
the license - whether to LGPLv4 or even GPLv3 or whatever else -
is getting the permission of _all_ the copyright holders.

>From what I understand this is already impossible to do under Linux due to 
deaths of at least one contributor.

The main reason projects move towards having copyright assignment is to be able 
to keep the licensing language up to date - to use the latest GPL/LGPL license 
due to exactly the issue of how hard it is to track down every contributor and 
get their permission in should they want to change the license. At present the 
bulk of the code is held by Oracle and such can be most easily changed by 
garnishing permission from one entity; though that will not be true for long 
for 
TDF without copyright assignment - in which case there would be two - TDF and 
Oracle.

The Linux Kernel guys don't require it; KDE E.v. does. Both methods have their 
pros and cons.

Ultimately, as long as TDF and the community are aware and accept what may 
occur 
should Oracle radically change the license it doesn't really matter.

Just pointing out it's a little more complex than Oracle is not likely to 
change 
the license since they very well could. Fortunately they cannot do it 
retroactively, at least with the LGPL.

$0.02

Ben

P.S. IANAL and such disclaimers. This is just from what I have learned from 
years of watching the community and the licensing topics.


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[tdf-discuss] Copyright Assignments & the Document Foundation

2010-10-28 Thread Charles-H. Schulz
Hello all, (apologies for this quite long email)

I would like to discuss a bit the position of the Document Foundation
with respect to copyright assignments. I understand there have been
questions here and there about this topic, and it's perhaps necessary
to explain our position. 

We initially agreed not to request the assignment of copyright for code
contributions, and we can only witness that it's been so far the right
decision: Many developers have joined us and contribute to the
LibreOffice codebase or extend it by localizing it and testing
LibreOffice. 

We knew ever since the beginning that imposing a copyright assignment
would be a big minus for developers. For one thing, it represents
complexity for developers, and on the other hand, the experience we had
with the copyright assignment under the stewardship of Oracle speaks
for itself. It is also worth noting that in practical terms, the bulk
of the LibreOffice codebase, that is, everything except our new
patches, our new code, the localizations, the hacks, etc. is still
under copyright from Oracle. Also, as a warning of sorts, keep in mind
that copyright assignments are not the same thing as software licenses. 

I am going to write below some of the reasons why I also think that not
having a copyright assignment is either a good idea or does not really
matter at all. 

1) no one has yet been able to clearly articulate what advantage we
would gain by having one for TDF. For instance, it's not at all clear,
and is in fact quite likely than any major software vendor would be
shunned away from our project if we had a copyright assignment: it
would basically mean that we would own their "intellectual property",
and I'm not so sure it flies well with corporate lawyers in charge of
protecting it.

2) the state of the art in terms of such assignments is changing
rapidly. We stand at a corner of FOSS history, where the realization
that projects led by one vendor only tend to fail, unless the vendor
itself puts others in charge of the projects and gives free reins to
its community. Look at what's happening with Fedora with respect to
its ditching of copyright assignments. Experiences in other projects
show that the "protection" that such assignments provide is at best
minimal, and most of the times quickly abused, most of the time by its
steward. 

3) copyright assignments are not blocking the reuse of code or
anything similar; there are several reasons for this, but one which is
practical: a few years ago, you had a central branch with a tool like
CVS. In the CVS (and even SVN) there was a real hierarchy. There was my
branch and you were contributing to it. Now, many projects use similar
tools, except that they are in fact quite different: they are
distributed: there are as many different copies as there are
developers; and the choice is social (people agree on what's best or
respect the guy who has the biggest beard or something like this). So
people create a big heap of code, and if they want to create their own
stuff in their own corner, they do it; they don't deal with
hierarchies, and paperwork. If they're not happy, they leave. That's
how it works today. BTW; LibreOffice uses Git, which is a distributed
SCM.  

4) the notion that we cannot change license because we don't have
copyright assignment needs to be put to rest once and for all today.
There is a very simple explanation with respect to this issue; ask any
lawyer and he/she will confirm this: Sun/Oracle has licensed the OOo
code under LGPL v3. They could have put "LGPL v3 or later" or "LGPL v3
or +". But they didn't. And that's what makes impossible to turn OOo
into a different license unless the sole copyright owner agrees to
change it, which is unlikely with Oracle.

5) based on my 4) point, you can object that without a copyright
assignment, we would be stuck with the same license for ever, since we
would not be able to decide to change the license of our lines of
code.  In fact, the problem lies in the heap of code we would have to
change in order to be able to turn the whole code into something
else... but here's what the developers of LibreOffice did: they simply
didn't change the license, they started to license their own changes
under the same license (LGPL V3)... and added : "or +" after it. So the
license will change or at least be modified that way. But what if we
want to change the whole thing? well, we'll contact all the authors who
got their code into LibreOffice. We have their emails, etc. And if some
of them don't agree with us, then perhaps we'll have to redevelop their
own code. 

6) there is also a confusion between copyright assignment and copyright
protection. True, when you assign code to the FSF, you do expect to be
legally protected against unpleasant surprises. But developers can also
decide they don't like the FSF so you will have lost your
effective control over what you develop. One might object, then, that
if someone sues you, you would be better off with an enti