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                     The Apache Software Foundation

                    Board of Directors Meeting Minutes

                            27 February 2002


1. Call to order

    The meeting was scheduled for 10:00am PST -0800.  A quorum was
    recognized by the chairman at 10:07am.  The meeting was held by
    teleconference hosted by IBM.

2. Roll Call

    Directors Present At Roll:
        Ken Coar
        Roy T. Fielding
        Dirk-Willem van Gulik
        Jim Jagielski
        Bill Stoddard

    Directors Arriving Post Roll:
        Greg Stein (10:20am)

    Directors Absent:
        Brian Behlendorf
        Ben Laurie
        Randy Terbush

    Guests:
        Chuck Murcko
        Jason Hunter (10:40am)

3. Minutes from the meeting of 16 Jan 2002

    The minutes contained in board_minutes_2002_01_16.txt were approved
    by unanimous consent of the board.

4. Officer Reports

    A. Chairman  [Roy]
    Roy has no news to report

    B. President [Brian]
    Brian reported (via e-mail) that the infrastructure is holding steady
    at just under 4 million raw hits per day on most days.  40 new developer
    accounts have been created so far in 2002,  with approximately 460 total
    committers overall.

    C. Treasurer [Randy]
    No report due to absence of Treasurer

    D. Exec. V.P. and Secretary [Jim]
    Jim had no news to report

5. Committee Reports

    A. Conference Planning [Ken]
    Ken reported that plans were progressing for the next ApacheCon
    show, organized by Security Travel, to be held later this year.
    Ken had asked the various lists and members for feedback regarding
    the baseline plan of ApacheCon being held in Las Vegas around
    August of 2002.  Ken reported that so far the response was favorable.

    Roy had asked whether another ConCom election was due.  The general
    feeling was that a new election at this time was not warranted.

6. Special Orders

    A. Jakarta election of new PMC.

    In accordance with the results of the recent vote of the Jakarta
    committers, the following resolution was proposed:

          WHEREAS, the Board of Directors deems it to be in the best interests
          of the Foundation and consistent with the Foundation's purpose to
          establish a Project Management Committee charged with the creation
          and maintenance of commercial-quality, open-source, server-side
          software solutions for the Java Platform, for distribution at no
          charge to the public.

          NOW, THEREFORE, BE IT RESOLVED, that the Project Management
          Committee known as the "Jakarta Project Management Committee",
          be and hereby is reestablished pursuant to Bylaws of the Foundation;
          and be it further

          RESOLVED, that the Jakarta Project Management Committee be and
          hereby is responsible for the creation and maintenance of
          commercial-quality, open-source, server-side solutions for the Java
          Platform based on software licensed to the Foundation; and be it
          further 

          RESOLVED, that the person holding the office of "Vice President,
          Jakarta" shall continue to serve at the direction of the Board of
          Directors as the chairman of the Jakarta Project Management
          Committee, and to have primary responsibility for management of the
          projects within the scope of responsibility of the Jakarta Project
          Management Committee; and be it further

          RESOLVED, that the persons listed immediately below be and hereby
          are appointed to serve as members of the Jakarta Project Management
          Committee.

              Stefan Bodewig
              Craig McClanahan
              Diane Holt
              Conor MacNeill
              Geir Magnusson Jr.
              Costin Monolache
              Sam Ruby

       The resolution was proposed and seconded, and was voted upon.  The
       resolution was approved by unanimous vote of all directors present.
 
    B. Request from IBM to make a BSF project within Jakarta.

       The following resolution was proposed:

          RESOLVED, that the Apache Software Foundation approves the license
          agreement attached hereto as Attachment A for accepting selected
          donations of software from IBM Corporation.

       The resolution was proposed and seconded, and was voted upon.  The
       resolution was approved by unanimous vote of all directors present.

    C. Lars Eilebrecht wants approval to use the Apache feather on his
       german version of Andrew Ford's Apache httpd reference card.

       The following resolution is proposed:

          RESOLVED, that the Apache Software Foundation approves use of
          the Apache feather trademark by Lars Eilebrecht for the purpose of
          an Apache httpd reference card.

       The resolution was proposed and seconded,  and was voted upon.  The
       resolution was approved by unanimous vote of all directors present.
 
    D. Distribution of jar files from Jakarta and XML sites without proper
       license from the copyright holders.
         STATUS: Dirk has been working on cleaning out the remaining jars
                 with help from Sam Ruby and Ted Leung.
                 <http://jakarta.apache.org/site/source.html>
                 <http://jakarta.apache.org/site/jars.html>
                 <http://jakarta.apache.org/builds/gump/latest/cvsjars.html>

       Ted Leung says that XML needs:
        o  confirmation that we satisfy the conditions of the
           IBM Common Public License 0.5 used by wsdl4j in Axis.

        o  confirmation that we comply with clauses 3.3.2, 3.6, and 3.7  
           of the Netscape Public License 1.1 used by the js.jar in Batik

        o  confirmation that we satisfy classes 3.b. i-iv of the IBM
           Public License 1.0 used by junit, which is used by xml-xerces,
           xml-cocoon2, and xml-axis

       It was agreed that all jar files, without proper license, should
       be removed from CVS and binaries as soon as possible.

    E. Chuck Murcko proposes that the bylaws be changed to make the board
       membership a rotating three-year term (1/3 of the board would be
       elected each year). He proposes to implement this by electing the
       next board and then having the new board members draw straws to see
       who serves 1, 2, or 3 year initial terms.  From then on, newly
       elected board members would serve 3 year terms. We would still have
       a board election (again, for 1/3 of the board members) each year.

       Chuck agreed to work on the actual required proposal,  while the
       board investigates the actual legal ramifications of such a change;
       such a change is likely the most drastic modification possible to
       the legal structure and definition of the ASF.

    F. The UK scam using "Apache Group" name at <http://www.icu2.cjb.net/>
       and <http://www.bizbom.com/icu2/index.htm> was discussed.  Ken
       agreed to follow through on this effort, first to ensure that the
       person who was "taken" by the scam is aware that it is not
       associated with the ASF.

7. Unfinished Business

    A. Java Community Process

    Chuck and Jason updated the board on the disagreement with Sun over the
    JSPA and JCP.  They informed the board of their disatisfaction, along
    with others, with the current proposed agreement and that a community
    ballot is scheduled for the first week of March.  Possible long-term
    options and paths were also discussed, such as new reference
    implementations.

    B. ASF License 2.0

    There was some update on discussions within the licensing mailing list.
    In general, little progress had been made on the effort, but they
    are progressing.

8. New Business

    There was no new business.

9. Announcements

    Roy announced that he had taken a position as Chief Scientist at
    Day Software.

10. Adjournment

    The meeting was scheduled to adjourn by 11:30am PST -0800. Adjournment was
    moved and seconded at 11:02am, at which time the meeting was adjourned.

--------------------------------------------------------------
Attachment A:

License Agreement

    This License Agreement is entered into as of the 27 day of
March, 2002 by International Business Machines Corporation
("Licensor"), in favor of The Apache Software Foundation, a Delaware
nonstock membership corporation (the "Foundation").


    WHEREAS, Licensor owns or has sufficient rights to
contribute the software source code and other related intellectual
property as itemized on Exhibit A ("Software") under the terms of this
agreement to the Foundation for use within Foundation software development
projects ("Projects").

    NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the
receipt and legal sufficiency of which are hereby acknowledged, the
parties hereto, intending to be legally bound, agree as follows:

1. Subject to the terms and conditions of this License, Licensor
hereby grants to the Foundation:

      a) a non-exclusive, worldwide, royalty-free, irrevocable
copyright license to reproduce, prepare derivative works of,
publicly display, publicly perform, distribute and sublicense,
internally and externally, the Software and such derivative
works, in source code and object code form; and,

      b) a non-exclusive, worldwide, royalty-free patent license
under Licensed Patents to make, use, sell, offer to sell, import
and otherwise transfer the Software in source code and object
code form. The patent license shall not apply to combinations of
the Software with other software or hardware. No hardware per se
is licensed hereunder. This License does not grant you any
implied rights or licenses. Any patent licenses granted to the
Foundation under this agreement shall terminate immediately if
the Foundation institutes patent litigation (including a
cross-claim or counterclaim in a lawsuit) against (A) Licensor
or (B) against any other person in the case of patent litigation
with respect to the Software.

"Licensed Patents" mean patent claims owned by Licensor which
are necessarily infringed by the use or sale of the Software
alone.

2. Licensor represents that, to Licensor's knowledge, Licensor
is legally entitled to grant the above license. Licensor agrees that
the employee who submits the Software to the Foundation will notify
the Foundation of any facts or circumstances of which such employee
becomes aware and which such employee reasonably believes makes or
would make Licensor's representations in this License Agreement inaccurate
in any respect.

3. This Software is provided AS-IS, WITHOUT WARRANTY OF ANY KIND
(EITHER EXPRESS OR IMPLIED) INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTY OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR
PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT. NEITHER THE
LICENSOR NOR ITS SUPPLIERS WILL BE LIABLE TO THE FOUNDATION OR
ITS LICENSEES FOR ANY DIRECT OR INDIRECT DAMAGES, INCLUDING
WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR ANY
INCIDENTAL, SPECIAL, OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES,
EVEN IF THE LICENSOR IS INFORMED OF THEIR POSSIBILITY.


4. This License Agreement shall be governed by the internal laws
of the State of New York, without reference to conflicts of law
principles. Each party waives its rights to a jury trial in any
resulting litigation.

This License Agreement is the entire agreement of the parties
with respect to its subject matter, and may only be amended by a
writing signed by each party. This License Agreement may be
executed in one or more counterparts, each of which shall be
considered an original.



    IN WITNESS WHEREOF, Licensor has executed this License
Agreement as of the date first written above.



    LICENSOR:


    By: ________________________________


    Print Name: _________________________


    Representing: _______________________


    Title: ______________________________



Exhibit A

List of software and other intellectual property covered by this
agreement:


Bean Scripting Framework source code as to delivered by Licensor
to the Foundation on the date of this License.

End of Attachment A:
--------------------------------------------------------------

__________________________________________________________
End of minutes for the 27 Feb 2002 board meeting.

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