[OSGeo-Discuss] Board Proposal: Statement of OSGeo Legal Support

[Michael P. Gerlek]

Way back on that cold day in Chicago, I'm not sure anyone ever really
thought about what it would mean when we said we'd "offer legal
protection".

Does it imply/lead-to/entail some sort of indemnification?  Ouch, that
would be pricey...  How does the Apache gang, et al, handle this?

-mpg

 

> -----Original Message-----
> From: discuss-bounces at lists.osgeo.org 
> [mailto:discuss-bounces at lists.osgeo.org] On Behalf Of Landon Blake
> Sent: Tuesday, October 30, 2007 7:56 AM
> To: OSGeo Discussions
> Subject: RE: [OSGeo-Discuss] Board Proposal: Statement of 
> OSGeo Legal Support
> 
> Cameron,
> 
> I think this is an excellent idea, and a lawyer should definitely be
> consulted. I wonder if the legal staff at the Software Freedom
> Conservancy could assist.
> 
> Landon
> 
> -----Original Message-----
> From: discuss-bounces at lists.osgeo.org
> [mailto:discuss-bounces at lists.osgeo.org] On Behalf Of Cameron Shorter
> Sent: Tuesday, October 30, 2007 3:56 AM
> To: OSGeo-Board
> Cc: OSGeo Discussions; Adrian Custer
> Subject: [OSGeo-Discuss] Board Proposal: Statement of OSGeo Legal
> Support
> 
> OSGeo Board, (CC to OSGeo Discuss),
> 
> During the founding of OSGeo, it was often noted that OSGeo projects
> would benefit from OSGeo legal protection. Now, as Geotools wrestles
> with graduation criteria and how to handle license assignment, the
> nature and level of legal protection offered by OSGeo is 
> unclear. Also 
> unclear is the level of legal review available (as tested by Geotools 
> crafting of a Copywrite Assignment document).
> Consequently, geotools is having difficulty deciding whether 
> it is wise
> to assign copywrite to OSGeo.
> 
> I suspect a large part of the problem is that board members (like
> myself) are not lawyers and don't have a clear understanding of the
> options, the value of each of the options to OSGeo and the 
> projects (how
> much protection is given), and the cost both in time and financially.
> Key questions to answer for each option are:
> * What level of support is given to contributors and license reviewers
> (individuals and companies)
> * What level of support is given to OSGeo users?
> * What level of support is given to projects? Will OSGeo 
> fight a license
> infringer on behalf of a project?
> * What level of support is given to the OSGeo Foundation?
> 
> *Proposal*
> That the board makes a clear statement on their website about 
> nature and
> level of support offered by OSGeo to OSGeo projects and Individuals.
> This statement needs to be backed up with a budget item addressing
> financial implications related to the statement.
> 
> Implementation:
> I suggest the steps to achieve the above would be:
> 1. Board approves budget to have a lawyer, or volunteer with legal
> review, to draw up a list of options and their financial 
> implications. 
> Adrian Custer's review provides an excellent basis for a 
> lawyer to start
> 
> from. http://docs.codehaus.org/display/GEOTOOLS/Geotools+Legal+Review
> 2. Board votes to select best option.
> 3. OSGeo financial sponsors are given opportunity to contribute to 
> decision.
> 4. OSGeo budgets for decision
> 5. OSGeo records the legal stance publicly (on a webpage).
> 
> -- 
> Cameron Shorter
> Geospatial Systems Architect
> Tel: +61 (0)2 8570 5050
> Mob: +61 (0)419 142 254
> 
> Think Globally, Fix Locally
> Commercial Support for Geospatial Open Source Software
> http://www.lisasoft.com/LISAsoft/SupportedProducts.html
> 
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