The problem here is that Rob and Sam and other well-known employees are being 
addressed as IBM employees here and even called to account for their employer's 
behavior and intentions by some of the participants.  I suggest that the best 
way to deal with those requests is to meet them with silence and those of us 
who know better should stop asking those questions.  

Furthermore, the competition laws that apply to Rob and Sam as IBM employees 
and their agreements with their employer are not waived by their having a 
different hat here.  They can't get out of it, just like a priest (or 
parishioner) can't avoid causing scandal by misbehaving in plain clothes.  They 
can operate as individuals but they must also honor the requirements on their 
conduct that are a consequence of their employment.

However, this is not a secret conversation and it is not about arrangements to 
exclude third parties (except the absent elephant that shall not be named, and 
I don't see how that can happen under a transparent Alv2 setup anyhow -- au 
contraire).  Furthermore, it is not clear to me that anything that happens here 
can create a "division of markets."

I think this can be more grounded by talking about specific actions that are 
called for in finalizing the proposal and in anticipating the essential work 
for taking over the OpenOffice.org code base, related artifacts, and making 
them available under ALv2, whether or not we ever make a distribution that is 
called Apache OpenOffice.org.

I have too many more thoughts, but it is time to take the trash to the curb and 
then feed the cats.  So you are spared for now [;<).

 - Dennis

-----Original Message-----
From: Norbert Thiebaud [mailto:nthieb...@gmail.com] 
Sent: Sunday, June 05, 2011 20:31
To: general@incubator.apache.org
Subject: Re: Legal concern: Are we getting to close ot a "division of markets" 
conversation?

[ ... ]

And these law apply to non-for-profit organization ? The Red-Cross and United 
Way cannot agree to 'Divide Territories' ? They have by law the obligation to 
'compete' for the potential recipient of their charity ?

Isn't Apache a non-for-profit ?

If I understand the 'Apache Way', I'd say you are wearing a 'Corporate' hat in 
this email, not your 'Apache member' hat

Norbert

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