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

[Allan Doyle]

On Oct 30, 2007, at 15:09 , Michael P. Gerlek wrote:

> 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?

My recollection is that the Apache gang carefully keeps their coffers  
empty and makes sure the code all legally belongs to the Apache  
Foundation. Thus there's not enough of a pot of gold to win in a suit.

However, I'm guessing that this strategy depends on a pretty well- 
defined process to ensure there are no loopholes.

	Allan

>
>
> -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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-- 
Allan Doyle
Director of Technology
MIT Museum
+1.617.452.2111