Legal Team/Minutes/2011-10-05

SPDX Legal Workstream Meeting Minutes

5 October 2011

Esteban Rockett, Motorola

Adam Cohn, Cisco

Karen Copenhaver, Choate Hall

Jilayne Lovejoy, OpenLogic

Kirsten Newcomer, Black Duck

Peter Williams, OpenLogic

Mark Gisi, Wind River

Tom Incorvia, Microfocus

 

I)          LInux website update: coming online again slowly, but SPDX site still not up. Issues:

1)     we've been sending people there and not up; tools not accessible, etc. 

a.     What are our backup mechanisms if this happened again? No backup solution right now, but John Ellis and Martin M. working on this

2)     email lists also down - Phil suggested to create google groups to preserve email lists, he is working on that now

a.     Kate is also setting up IRC

 

 

II)              Update on Discussion w/ Breakout Group on CC-0 & Draft Preamble
circulated below draft of preamble for CC-0 for review by group.  Rockett to take it to Eben Moglen next for his input

-        companies more concerned with "disclaimer" that even though put info in here, no responsibility for reliance on info downstream, so may need language as such. Could use disclaimer of warranties from GPL v3 because it was an attempt to address international perspective for this

-        or could say in preamble, "to the extent there is any IP rights at all (whether database rights) in any jurisdiction, it's covered by CC-0…" and "regardless of whether there is IP coverage, the disclaimer paragraph applies to all contributions"

-        maybe good to talk to Eben and get his feedback and go from there

-        See Mark's "rationale" document for a good summarization of the five key goals/concerns here

o   Goal of this document is to stand by itself as an explanation and to show the comprehensive process that was undertaken to make this decision (will be posted)

** Draft SPDX CC-0 Preamble **

Compliance with the SPDX specification includes populating the SPDX fields therein with data related to such fields ("SPDX-Metadata").

The SPDX specification contains numerous fields where an SPDX author may provide relevant explanatory text in SPDX-Metadata.

Without opining on the lawfulness of "database rights" (in jurisdictions where applicable), such explanatory text is copyrightable subject matter in most Berne Convention countries.

By using the SPDX specification, or any portion hereof, you hereby agree that any copyright rights (as determined by your jurisdiction) in any SPDX-Metadata, including without limitation explanatory text, shall be subject to the terms of the below recited Creative Commons CC0 1.0 Universal license (reproduced in its entirety below).

 

III)            European OpenSource & Free Software Law Event (EOLE) <a href="http://eolevent.eu/en">http://eolevent.eu/en</a>on Nov 4 in Barcelona

 

Malcom Bain might be going - Karen to reach out to him, could get him up to speed easily even though he has not been involved

 

IV)            Update on Discussion w/Breakout Group on Templatizing

 

Jilayne sent around draft document setting forth guidelines (if you didn't get this, let someone know to forward)

Outstanding issues: "BSD" license issue regarding where/how to allow replaceable text and how/what to allow matching on for headers alone

-        Jilayne and Rockett to draw up straw mans on these issues and distribute for feedback at next meeting

-        Distribute to tech group at this point as well for feedback there