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

[Cameron Shorter]

Good processes + no money is an acceptable strategy so long as we have 
consciously made this decision and everyone is aware of the strategy.

Allan Doyle wrote:
>
> 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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>>>
>>>
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>> _______________________________________________
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>> http://lists.osgeo.org/mailman/listinfo/discuss
>


-- 
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