Re: [tdf-discuss] Re: [Libreoffice] Proposal to join Apache OpenOffice

2011/6/8 toki <toki.kantoor@gmail.com>

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> Henri wrote:
>
> > The circumstances being what they are, would not the best path for ASF to
> take(as seems to me to be the case) be to accept the grant (in the event
> Oracle is offering it *nulla condicione astrictus*)
>
> Assuming that Oracle is offering the code, trademarks, etc to The Apache
> Software Foundation under the usual Apache Software grant
> (http://www.apache.org/licenses/software-grant.txt), I'm not convinced
> that The Apache Software Foundation could make that donation.  Whilst
> "Distribute and sublicense" is legally acceptable, a flat out donation
> is skating on thin ice. (The exception would be if The Apache Software
> Foundation was being dissolved, and in that specific situation, the code
> would have to be donated under the Apache License to an organization
> that had 501(c)(3) status. Equivalent status in a jurisdiction outside
> of the United States does not count.)
>
> Furthermore, whilst it is fine to ask for the donation, lawyers from
> both The Apache Software Foundation and The Document Foundation would
> have to verify that the donation was legal in both jurisdictions.
> (United States, and Germany.) (Going by memory, the paperwork to solicit
> donations in DE is only 20 pages long, and about 30 days to complete.)
>
> Jim wrote:
>
> > then I would > expect that they/we would spent quite a bit of time
> determining the "best" place for it..
>
> That place being somewhere that The Apache Software Foundation can place
> the code, and be in compliance with US Law, Delaware Law, The Apache
> Software Foundation by-laws, the laws of the state that the recipient
> organization is in, and the by-laws of the organization in which it is
> placed.
>
> Somewhere that the Apache Software Foundation legal team can ensure that
> is kosher for _both_ parties.
>
> TANSTAAFL wrote:
>
> > Where *else* would even be a *remotely* viable candidate?
>
> There might be no viable candidates.
>
> Just because _The Document Foundation_ has filled out most of the
> paperwork for Germany, does not mean that it can be the recipient of any
> donations from the United States.  For starters, has The Document
> Foundation filled out any of the legally required paperwork to solicit
> donations in any state of the United States?  (Fortunately, the same
> form can be used in most of the states. However, it still has to be
> customized for each state.)
>
> I'd suggest that the reason Oracle apparently ignored the letter sent by
> The Document Foundation to them, was to avoid any potential penalties
> imposed by the State of California. Whilst the penalty is chump change,
> it is cheaper to avoid the potential situation of having to pay that
> penalty in the first place. Especially when you are giving something away.
>
> jonathon
> - --
> If Bing copied Google, there wouldn't be anything new worth requesting.
>
> If Bing did not copy Google, there wouldn't be anything relevant worth
> requesting.
>
>                              DaveJakeman 20110207 Groklaw.
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Thanks, Toki - problems of the type you describe are the reason I added the
stipulation «nulla condicione astrictus». But you are no doubt entirely
correct - one can't just give things away ; instead the recipient has to
demonstrate that they fulfil certain specifications. Otherwise, the lawyers
and legislators - all too often in the same person - would feel themselves
left out. As I see it, the upshot of the matter is that TDF would best be
advised to devote its limited resources to improving LibreOffice, rather
than to working to please the lawyerly mind....

Henri

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