Hello,

Sorry to be a bit slow in responding, I'm having problems with my spam filters 
these days ...

On Tuesday 07 November 2006 10:21, Jens R. Victorin wrote:
> > Hello,
> > 
> > I see that I managed to send the original message without a subject and
> > also without the FSFE Fiduciary Licensing Policy, so I have attached it to
> > this email ...
> > 
> > ---------------------------- Original Message ----------------------------
> > Subject:
> > From:    "Kern Sibbald" <[EMAIL PROTECTED]>
> > Date:    Sat, November 4, 2006 1:46 pm
> > To:      [EMAIL PROTECTED]
> >          bacula-users@lists.sourceforge.net
> > --------------------------------------------------------------------------
> > 
> > Hello,                                     1 November 2006
> > 
> > This contents of this email is for discussion on the Bacula email
> > list, but not yet a topic for "publication".
> > 
> > As you are probably aware, I am planning certain reorganizations
> > of the Bacula project for a number of reasons. Two of the
> > objectives that I have are to make the project less dependent
> > on one person (me) and to ensure that the source code remains
> > Free Software forever. These two objectives involve the
> > creation of a Bacula entity (an Association or a Foundation),
> > and the transfer of the copyright from myself to some entity.
> 
> Can FSFE sell/transfer the copyright without your consent?

I imagine so, but I will clarify this point.  In any case, if they by one 
means or another convert it into a non-free license, there fiduciary 
agreement is terminated and the copyright reverts to me.  Given that the 
whole nature of the fiduciary agreement is for Bacula source to remain free, 
I doubt that they could actually sell/transfer the copyright without running 
into troubles.  

Can you imagine FSF selling/transferring the copyright to gcc?  If not, then 
why wouldn't the same be applied to Bacula?  

> 
> When and if you get a "Bacula entity" in operation, will FSFE transfer the 
copyright to it or is the copyright  supposed to stay with FSFE for the 
foreseeable future?
> 
> What law governs the conduct of FSFE?

Th contract is under made under German law.  However, since FSFE operates in 
Switzerland certain parts of their conduct will be governed by Swiss law.

Best regards,

Kern

> 
> /Jens
> 
> > 
> > The purpose of this email is to give you, the Bacula users,
> > advanced notice of what I think is the best path for the
> > copyright transfer so that you can provide your feedback
> > on it prior to my final decision. Currently, the timing is
> > to send you this email as soon as possible then to make
> > the final decision on the 15th of November with implementation
> > before the end of the month.
> > 
> > Several months ago, I met with Georg Greve, the President of
> > the Free Software Foundation Europe (FSFE). I learned that
> > he was in the process of creating the FSFE Freedom Task Force
> > to work with projects that would like to enter into a fiduciary
> > license agreement with the FSFE with the objective to offload
> > the adminstrative (legal) needs of the project to the FSFE
> > while keeping the project adminstration unchanged.  The
> > Freedom Task Force has been in operation since the beginning
> > of October with Shane Coughlan heading it up.
> > 
> > Probably the best explaination of their policy as it relates to
> > Bacula is described in the "FSFE Fiduciary Licensing Policy",
> > which I have attached to this email in pdf format.
> > 
> > A short summary of what I am proposing is:
> > 1. Transfer the Bacula copyright to the FSFE.
> > 2. There will be no change in the license, which is defined
> >    in the LICENSE file -- only the copyright holder will
> >    be changed.
> > 3. FSFE will look after the legal matters of maintaining and,
> >    if necessary, defending the license.
> > 4. Aside from the copyright assignments for important
> >    contributions, there will be no other changes to the
> >    project resulting from the copyright transfer.
> > 5. The final transfer of the copyright will occur on or
> >    shortly after the 15th of November and will apply to the
> >    next released version.
> > 6. The official announcement of the formation of the FSFE
> >    Freedom Task Force, and that Bacula will particpate
> >    in their Fiduciary Licensing will be made at the end
> >    of November.
> > 
> > My belief is that this copyright transfer will be beneficial
> > to the project in many respects: assure that the source
> > remains Free Software, ensure that the source is not tied
> > to any single person, off load most of the legal tasks,
> > ...
> 
> 
> 
> 
> > 
> > If any of you have concerns, comments, or questions, please
> > do not hesitate to voice them now, either on the Bacula email
> > lists or directly to me. I will take all comments
> > and concerns into consideration and attempt to answer all the
> > questions. Since I am on vacation and my Internet access is
> > very limited, some or all my responses may be delayed until
> > after my return on the 10th of November.
> > 
> > Until the official FSFE announcement, I request that you keep
> > this information (FSFE Freedom Task Force, Bacula participation)
> > confidential to this list.
> > 
> > Best regards,
> > 
> > Kern
> > 
>

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