The Apache Software Foundation Board of Directors Meeting Minutes 20 March 2002 1. Call to order The meeting was scheduled for 10:00am PST -0800 began at 10:06am, when a quorum was recognized by the chairmain. The meeting was held by teleconference hosted by Jim Jagielski/Covalent: 2. Roll Call Directors Present At Roll Call: Brian Behlendorf Ken Coar Roy T. Fielding Jim Jagielski Ben Laurie Greg Stein Bill Stoddard Randy Terbush Directors Present Post Roll Call: Dirk-Willem van Gulik (arrived at 10:21am) Directors Absent: Ben Laurie Guests: Jason Hunter (V.P., JCP) Chuck Murcko 3. Minutes from the meeting of 27 Feb 2002 The minutes contained in board_minutes_2002_02_27.txt were approved by unanimous consent of the board. 4. Officer Reports A. President [Brian] Brian reported that the ASF infrastructure was operating in a "steady" fashion. Spam is a never-end problem and that a lot of work is being done to reduce its level. B. Treasurer [Randy] Randy provided PDF account reports, available under cvs.apache.org:/home/cvs foundation/Funds/ It was noted that the ApacheCon events are significant to the ASF's revenue stream. C. Exec. V.P. and Secretary [Jim] Jim had no items to report. 5. Committee Reports A. Conference Planning [Ken] Ken reported that the baseline dates for the next ApacheCon have been moved to November 16-22, 2002 (possibly just through November 20). The reasons for the change was the final feedback of the survey. The general feeling was that (1) an event in August 2002 would not provide sufficient time to coordinate the event and (2) the weather in Las Vegas in August would be too uncomfortable for a good conference. The Conference Committee is looking into adding Tutorials to the ApacheCon event. 6. Special Orders A. Java Community Process The following resolution (R1) was proposed: WHEREAS, the mission of The Apache Software Foundation is to protect the public's interest in the Internet infrastructure by fostering collaborative development and distribution of open-source software; and WHEREAS, a specification of an interface standard is often necessary to enable interoperable implementations to be developed by independent software projects, including those fostered by the Foundation; and WHEREAS, the content of a specification that includes implementation details, such as class specifications and method prototypes, may be restricted by U.S. copyright law and subject to terms and conditions of use that are not consistent with free distribution of open-source software; and WHEREAS, some vendors have used their copyright on such specifications to arbitrarily and capriciously exclude, to the detriment of the public, other participants in the specification process from implementing the very same interface standards that they helped develop. NOW, THEREFORE, BE IT RESOLVED, that The Apache Software Foundation will no longer participate in the development of implementations or interface standards that cannot be completely implemented and distributed as open source software, without royalties or fees of any kind, by nonprofit and educational organizations; and be it further RESOLVED, that the Board of Directors hereby instructs all Project Management Committees of the Foundation to review any and all specifications for which the Foundation's software acts as a publicly distributed open-source implementation and ensure that one of the following is true: a) the Foundation has right and title to all technology necessary to implement the specification and we have provided a license to others to implement it under the same or similar terms as the Apache software license; or b) the copyright holders have granted an irrevocable, no-charge, royalty-free license to any nonprofit or educational organization to implement the specification for the purpose of distribution to the public, where such license is sufficiently complete to describe all terms and conditions applicable to the specification at the time a copy of the specification is obtained; and be it further RESOLVED, that the Board of Directors hereby instructs all Project Management Committees of the Foundation to correct any software for which the above conditions do not hold true within 90 days by correcting the specification license, by modifying the software such that it no longer implements the specification, or by ceasing distribution of the implementation. Resolution R1 was proposed and seconded. The Resolution R1 was approved by unanimous vote of all directors present There was also much discussion regarding the role of the ASF in the Java community. It was generally agreed that the current situation was becoming more intolerable, and that the ASF was having doubts on whether an agreeable arrangement would be possible. In anti- cipation of possible events, the board authorized an amount not to exceed $2,500 (US) for the drafting and release of a Press Release or Press Releases detailing the ASF's position. B. Request from SAP for License Amendment Permission Due to the details of European Law, the ASF cannot legally deny warranty (AS IS) on the code. We can, however, allow someone to take it over. SAP is requesting such approval from us to allow them to distribute Apache in their product line. The proposed agreement is Attachment A. The following resolution (R2) was proposed: RESOLVED, that the Board of Directors approves the amendment to the Apache Software License, version 1.1, attached hereto as Attachment A, for use by SAP in redistributing software owned by the Foundation. Resolution R2 was proposed and seconded. The Resolution R2 was approved by unanimous vote of all directors present 7. Unfinished Business A. 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. This was further discussed, and a formal Bylaw ammendment is being formulated by Chuck. 8. New Business None. 9. Announcements Ken reported that he was in the process of changing the scriptbase for the ApacheCon site to PHP 4. 10. Adjournment Scheduled to adjourn by 11:00am PST -0800. The meeting was actually adjourned at 11:27am PST -0800. __________________________________________________________ __________________________________________________________ Attachment A AMENDMENT to the APACHE SOFTWARE LICENSE, VERSION 1.1 between SAP and THE APACHE SOFTWARE FOUNDATION This document ("Amendment") shall serve to amend the Apache Software License, Version 1.1 (the "License") between SAP and the Apache Software Foundation. Recitals WHEREAS, SAP desires to amend and clarify the License; NOW, THEREFORE, solely for SAP's business purposes, SAP and the Apache Software Foundation agree to amend the License as follows: 1. Add the following language to the end of the License: "SAP and/or its distributors may offer, and charge a fee for, warranty, support, indemnity or liability obligations to one or more recipients of the software. However, SAP and/or its distributors may do so only on its/their own behalf, and not on behalf of the Apache Software Foundation or its contributors." Other than the foregoing, the terms and conditions of the License remain unchanged and in full force and effect. The Effective Date of this Amendment is March ____, 2002. __________________________________________________________ End of minutes for the 20 Mar 2002 board meeting.