Index Links: 2007 - All years - Original
                    The Apache Software Foundation

               Board of Directors Special Meeting Minutes

                            July 9, 2007


1. Call to order

    The meeting was scheduled for 11:00 (Pacific) and was begun when
    a sufficient attendance to constitute a quorum was recognized by
    the chairman at 11:05.  The meeting was held by teleconference,
    hosted by Jim Jagielski and Covalent:

            US Number       : 800-531-3250
            International   : 303-928-2693

    IRC #asfboard on irc.freenode.net was be used for backup
    purposes.

2. Roll Call

    Directors Present:

        Justin Erenkrantz
        J Aaron Farr
        Jim Jagielski
        Geir Magnusson Jr
        William Rowe Jr
        Sam Ruby
        Henning Schmiedehausen
        Greg Stein
        Henri Yandell

    Guests:

        Matt Hogstrom
        Craig McClanahan
        Craig Russell
        Davanum Srinivas
        Sander Striker


3. Minutes from previous meetings

    Tabled until next regular meeting

4. Executive Officer Reports

    A. Chairman [Jim]

       Tabled until next regular meeting

    B. President [Justin]

       Tabled until next regular meeting

    C. Treasurer [J Aaron]

       Tabled until next regular meeting

    D. Exec. V.P. and Secretary [Sam]

       Tabled until next regular meeting

5. Additional Officer Reports

    A. VP of JCP [Geir]

       Geir mentioned a recent conversation with Sun, gave an overview of
       the ongoing discussions proceeding on jcp-open and board@, and then
       the board proceeded quickly into discussion.  As usual, formal report
       is expected occur at the next board meeting (9 days).

6. Committee Reports

    Tabled until next regular meeting

7. Special Orders

    None

8. Discussion Items

    A. New ASF/JCP Policy, including statements on NDAs, FOUs,
       as well as action/reaction schedules and timeframes. The intent
       is to come up with a clear policy, standards by which the ASF
       will continue to participate in the JCP, changes required for
       that participation and our course of action if such changes
       are not implemented.

       The board discussed the perceived and real NDA requirements on our
       committers, EC and EG representatives.

       These break down into four classes of restrictions, and the corresponding
       board positions.

       * NDA of contracts and contractual discussion

         There was some concern expressed over the private nature of these
         discussions being both unnecessary and reducing our options for
         addressing differences; but overall the board was willing to let
         these discussions continue in private, as all other parties in the
         JCP are doing.

         Geir identified that at least one reference license for the TCK should
         be shared prior to the conclusion and approval of a JSR, and recent
         commentary by other EC members appears to share this position.

         Geir identified that we have permission to share the (final) contracts
         with any 'interested party', although these would not necessarily be
         published on the website.

       * NDA of the Specification Development Process

         The Board determined that today, the ASF encourages but otherwise has
         no opinion on open specifications development processes vs. closed
         development processes.  It was pointed out that perfectly reasonable
         specifications have come from a single individual or closed groups,
         just as perfectly irrational specifications have come from open groups.

         As such - the ASF will continue to put forward EG representatives to
         either open or closed specification development bodies outside of the
         ASF.  This does not change the policy that all ASF development
         discussions occur on open lists, here.

         The Board reserves the possibility of revisiting this policy in future
         years.  The important point, the ASF Board does not seek to impose a
         specific methodology on outside, non-ASF efforts.

       * NDA to Use the TCK

         The Board is concerned about the burden and additional paperwork that
         we require of our committers to obtain the ASF's copy of TCKs and
         other reference material.  Some of these works are under commercial,
         non-open license terms.  As such, we will investigate if the NDA
         agreement is redundant, and if there are other/better ways to
         inform our committers of their responsibility under the material's
         own license, without additional obligations.  The Board remains
         concerned about the possible burdens that are imposed by these TCKs,
         and will work to achieve fewer burdens on the users of TCKs and
         reference material through the JCP processes in creating open source
         implementations of the specification.  As such, the ASF will seek
         a change the JCP establishing a date beyond which there will be no
         new TCKs created with NDA requirements.

       * NDA of the TCK Results

         The Board was informed there is a great deal of confusion over the
         exact restrictions imposed on the TCK results, and the ability of
         committers to discuss these matters over public development lists.
         Geir has taken an action item on this to write up the actual
         constraints on the use of the TCK results, so that the scope of the
         actual restrictions are better understood by the community, and so
         that no unnecessary secrecy is applied to development discussion.
         This will be posted to the JCP area of the ASF website.  The Board
         understands that the net result of the reasonable interpretation of
         the TCK Usage license does not result in NDA obstacles to open source
         development.

       * Copyright of .dtd/.xsd files and other Reference Material

         As an additional action item, the Board will research the scope of
         pieces of reference material which have been committed to ASF
         repositories, and to whatever extent possible, will try to provide
         guidance on the use of these materials on the JCP area of the ASF
         website.  Examples are files from the Spec Lead that contain
         confidentiality or other absurd clauses, when compared the
         requirement of their use in implementing the public, published
         specification.

9. Review Outstanding Action Items

    Geir: update http://www.apache.org/jcp/ with:
     * A constructive summary of what discussions and progress we have
       had with Sun
     * A mention of the long term plans to remove the requirement for TCK
       NDAs.
     * A pointer to where the next steps will be developed (namely jcp-open@)
     * an authoritative statement on what TCK aspects can be discussed in
       public based on the TCK NDAs.

       Status: new

    Bill: coordinate with Geir, and see if we can engage our lawyers to
       assist us with the JCK/FOU contract dispute.

       Status: new

    Geir: draft schedule for the next two to three months outlining options
       and strategies by the next board meeting.

       Status: new

    Sam: Copyright/license of .dtd/.xsd files and other Reference Material
       Review (and possibly update) <http://www.apache.org/legal/3party.html>.

       Status: new

10. Unfinished Business

11. New Business

12. Announcements

13. Adjournment

    Scheduled to adjourn by 1:00 (Pacific).  Adjourned at 12:42pm.


============
ATTACHMENTS:
============


------------------------------------------------------
End of minutes for the July 9, 2007 board special meeting.

Index