[OSGeo-Discuss] Scope of OSGeo Legal Support

[Jody Garnett]

Hi Cameron; I am catching up on these threads ... it seems a lot of them 
are often in private email.

Your proposal is indeed where we want to be; the problem with planning 
(especially when there is money involved) is that we all get stuck in 
risk management mode and do not want to say much for fear of it costing 
cold hard cash.

It looks like (since OSGeo is a non profit) that there is a range of 
organizations willing to donate us some legal time and advice. I 
recommend we make use of these facilities as we set up; rather than 
scare the board with a budget request.

Even in the case where the foundation does not wish to play a hands on 
roll; we will still need to set the standard for the incubation process. 
At the end of the day we want others feel comfortable using and 
contributing to the projects championed by the foundation. The standard 
we hold these projects and contributors to is where the reputation of 
OSGeo foundation comes from.

Jody
> 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).
>