Ok, fair enough. My goal was to make everyone aware of the nastiness 
surrounding wurfl.xml, and that goal is hereby achieved :) 

Now let's concentrate on the IP evaluation process. Here is my +1 for this 
vote. 

Andrus

On Sep 28, 2012, at 9:25 PM, Benson Margulies <bimargul...@gmail.com> wrote:

> On Fri, Sep 28, 2012 at 2:06 PM, Andrus Adamchik <and...@objectstyle.org> 
> wrote:
>> Hi Bertrand,
>> 
>> OpenDDR combining forces with DeviceMap is great news! And having the 
>> resource file will make it very useful immediately.
>> 
>> Regarding this vote.. While the original wurfl.xml was clearly open source, 
>> and I am going to cast a positive vote to accept it in DeviceMap, I am 
>> fairly certain that once we do that and start releasing it, we'll hear from 
>> Scientiamobile trolls. So is Incubator PMC an appropriate body to decide on 
>> this risk? Should the Board get involved?
> 
> I don't think that the IPMC or the board is interested in a troll
> analysis. What we need here, as always, is a grant that satisfies both
> the legal grant of a license and the Foundation's requirement for a
> clear, voluntary, grant.
> 
>> 
>> (You are a Board member yourself of course :))
>> 
>> Andrus
>> 
>> 
>> On Sep 28, 2012, at 6:21 PM, Bertrand Delacretaz <bdelacre...@apache.org> 
>> wrote:
>>> Hi,
>>> 
>>> IP clearance usually works by lazy consensus, but in this case I'd
>>> like an explicit vote, as the donation described at [0] includes data
>>> that when hosted on Github has caused a DMCA takedown request [1] to
>>> which OpenDDR responded [2].
>>> 
>>> I guess from our point of view the decision is whether the donation of
>>> that data can be considered voluntary, as the ownership of the
>>> original data is somewhat unclear. The header of the original data
>>> file [2] states that "the information listed here has been collected
>>> by many different people from many different countries", but in [1] a
>>> copyright on that data is asserted.
>>> 
>>> The code parts of the OpenDDR donation are not affected, so I'd like
>>> Incubator PMC members to vote as follows:
>>> 
>>> [ ] +1, accept the OpenDDR donation including the
>>> OpenDDR-Resources_1.0.0.10.zip data
>>> [ ] -1, do not accept the OpenDDR-Resources_1.0.0.10.zip (but the
>>> other parts are ok)
>>> 
>>> IMO the alternative, if we don't accept the resources part of the
>>> donation, is to ask OpenDDR to come up with a resources file that
>>> contains only their own original work.
>>> 
>>> The vote is open for at least 72 hours (will leave it open a bit more
>>> due to TGIF).
>>> 
>>> -Bertrand (DeviceMap mentor)
>>> 
>>> [0] http://incubator.apache.org/ip-clearance/devicemap-openddr.html
>>> [1] 
>>> https://github.com/github/dmca/blob/master/2012-01-04-scientiamobile.markdown
>>> [2] http://openddr.org/takedown.html (looks down right now, Google
>>> cache at http://s.apache.org/openddr_cache just in case)
>>> 
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>> 
>> 
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