[ewg] FW: Some NetApp concerns re licensing terms WRT code contributed to OFED

Mon Aug 17 09:37:59 PDT 2015

From: Heller, Jeffrey [mailto:Jeffrey.Heller at netapp.com] 
Sent: Friday, August 14, 2015 3:15 PM
To: Bill Boas <bboas at systemfabricworks.com>
Subject: Re: Some NetApp concerns re licensing terms WRT code contributed to OFED

Her is a pointer to a file with the license from the linux kernel. As you can see the key to our problem is "This software is available to you under a choice of one of two licenses” and for linux the coice is clear. There is nothing that says both licenses have to be preserved.

https://git.kernel.org/cgit/linux/kernel/git/torvalds/linux.git/tree/drivers/infiniband/core/addr.c?id=30dc5e63d6a5ad24894b5512d10b228d73645a44

/*
 * Copyright (c) 2005 Voltaire Inc.  All rights reserved.
 * Copyright (c) 2002-2005, Network Appliance, Inc. All rights reserved.
 * Copyright (c) 1999-2005, Mellanox Technologies, Inc. All rights reserved.
 * Copyright (c) 2005 Intel Corporation.  All rights reserved.
 *
 * This software is available to you under a choice of one of two
 * licenses.  You may choose to be licensed under the terms of the GNU
 * General Public License (GPL) Version 2, available from the file
 * COPYING in the main directory of this source tree, or the
 * OpenIB.org BSD license below:
 *
 *     Redistribution and use in source and binary forms, with or
 *     without modification, are permitted provided that the following
 *     conditions are met:
 *
 *      - Redistributions of source code must retain the above
 *        copyright notice, this list of conditions and the following
 *        disclaimer.
 *
 *      - Redistributions in binary form must reproduce the above
 *        copyright notice, this list of conditions and the following
 *        disclaimer in the documentation and/or other materials
 *        provided with the distribution.
 *
 * THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,
 * EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
 * MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
 * NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS
 * BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN
 * ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN
 * CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE
 * SOFTWARE.
 */

From: Bill Boas
Date: Friday, August 14, 2015 at 11:11 AM
To: Jeffrey Heller, "'Ryan, Jim'"
Cc: George Simion, 'John Mitchell'
Subject: RE: Some NetApp concerns re licensing terms WRT code contributed to OFED

Jeff, please call me to discuss. I have not set up a meeting  because I am still trying to ensure that I thoroughly understand the sequence of code contribution and integration that occurs step by step with OpenFabrics Software (OFS) as it is contributed, goes thru the steps it goes thru, etc.

Also could we talk today, as soon as you wish,  for you to identify to me verbally what NetApp’s issue really is, or is there a misunderstanding at the legal level within NetApp.

Please call 510 375 -8840 as soon as convenient, but I’m in Austin TX.

Bill.

Bill Boas

Treasurer OFA

From: Heller, Jeffrey [mailto:Jeffrey.Heller at netapp.com] 
Sent: Friday, August 14, 2015 11:56 AM
To: Ryan, Jim <jim.ryan at intel.com <mailto:jim.ryan at intel.com> >; bboas at systemfabricworks.com <mailto:bboas at systemfabricworks.com> 
Cc: Simion, George <George.Simion at netapp.com <mailto:George.Simion at netapp.com> >; John Mitchell <john at interactionlaw.com <mailto:john at interactionlaw.com> >
Subject: Re: Some NetApp concerns re licensing terms WRT code contributed to OFED

Hi Bill,

Just checking that I did not miss your reply. Can you propose a couple of times we can have a call to discuss?

Jeff

From: Jeffrey Heller
Date: Sunday, August 9, 2015 at 6:44 PM
To: "Ryan, Jim"
Cc: George Simion, John Mitchell, "bboas at systemfabricworks.com <mailto:bboas at systemfabricworks.com> "
Subject: Re: Some NetApp concerns re licensing terms WRT code contributed to OFED

Hi Bill,

Let me know some times this week you can talk. 

Jeff

Sent from my iPhone

On Aug 7, 2015, at 12:22 PM, Ryan, Jim <jim.ryan at intel.com <mailto:jim.ryan at intel.com> > wrote:

I reached out Bob Woodruff and Bill Boas and I got back updates on the earlier work that had been done and a helpful offer from Bill to speak with you.

This email is to help set that discussion up, and to share with Bill the URL and text you provided below

Regards, Jim

From: Simion, George [mailto:George.Simion at netapp.com] 
Sent: Thursday, August 6, 2015 4:58 PM
To: John Mitchell; Ryan, Jim
Cc: Heller, Jeffrey; Simion, George
Subject: RE: Some NetApp concerns re licensing terms WRT code contributed to OFED

John and Jim,

Thank you for talking to Jeff and I on this important matter.

I just wanted to point you to an additional piece of information re licensing of the linux kernel on kernel.org <http://kernel.org> .  As the FAQ states, the linux kernel posted for download on the linux.org <http://linux.org>  website is licensed under GPL v2 (as expected):

https://www.kernel.org/category/faq.html

Please feel free to reach out to Jeff and I with any questions.

Best regards,

George

George Simion
Director, Intellectual Property
Legal

NetApp
495 East Java Drive

Sunnyvale, CA 94089
408.822.4985 Direct
650.450.0551 Mobile
george.simion at netapp.com <mailto:george.simion at netapp.com> 
www.netapp.com <http://www.netapp.com/> 

<image001.jpg>

From: Heller, Jeffrey 
Sent: Thursday, August 06, 2015 3:38 PM
To: Simion, George; John Mitchell
Subject: Re: Some NetApp concerns re licensing terms WRT code contributed to OFED

Here is the wording

https://ltsi.linuxfoundation.org/developers/signed-process

Jeff

From: George.Simion at netapp.com <mailto:George.Simion at netapp.com> 
When: 4:00 PM - 5:00 PM August 6, 2015 
Subject: Some NetApp concerns re licensing terms WRT code contributed to OFED
Location: Conf call (toll free) -- 866.844.9418 -- Participant passcode: 272 803 0094

John – hope this works for you. 

George

_____________________________________________
From: Simion, George 
Sent: Tuesday, August 04, 2015 4:44 PM
To: John Mitchell
Cc: Heller, Jeffrey; Simion, George
Subject: RE: Some NetApp concerns re licensing terms WRT code contributed to OFED

John, 

Thanks for the quick reply.  Jeff and I are available this Thursday at 3 pm Pacific time.  Hope this time slot works for you.

Please use the conf call info below:

Dial In: 1.866.844.9418 

Participant Passcode: 272 803 0094

I’ll also send a calendar invite shortly.

Thanks,

George

From: John Mitchell [mailto:john at interactionlaw.com] 
Sent: Tuesday, August 04, 2015 4:19 PM
To: Simion, George
Cc: Heller, Jeffrey
Subject: Re: Some NetApp concerns re licensing terms WRT code contributed to OFED

George,

I’m happy to speak with you. My schedule is generally flexible. This week, Thursday afternoon PST, and Friday after 10:30am PST look good. Next week, Monday and Tuesday are the best days (and Thursday is impossible). If a different time than those works better for you, feel free to suggest it.

John

________________

John T. Mitchell

1-202-415-9213

On Aug 4, 2015, at 1:22 PM, Simion, George <George.Simion at netapp.com <mailto:George.Simion at netapp.com> > wrote:

Hi John,

As Jim Ryan indicated in his email below, NetApp has some questions and concerns regarding OFA’s process for intaking OFED software contributions from  <http://kernel.org/> kernel.org.  Do you have some time in the next 1-2 weeks to discuss this process (including any licensing considerations/issues) with us? 

Thanks in advance for your help.

Best regards,

George Simion
Director, Intellectual Property
Legal

NetApp
495 East Java Drive

Sunnyvale, CA 94089
408.822.4985 Direct
650.450.0551 Mobile
 <mailto:george.simion at netapp.com> george.simion at netapp.com
www.netapp.com <http://www.netapp.com/> 

<image003.jpg>

From: Dale, David 
Sent: Tuesday, August 04, 2015 7:58 AM
To: Simion, George; Heller, Jeffrey
Cc: Dawkins, Scott
Subject: FW: Some NetApp concerns re licensing terms WRT code contributed to OFED

Hi everybody,

We need to be talking to The Open Fabrics Alliance leadership team and legal council on this, specifically:

?         Jim Ryan, OFA Chair (Intel)

?         Paul Grun, OFA Vice Chair (Cray)

?         Bill Boas,  Treasurer (System Fabric Works)

?         Robert Woodruff, Enterprise Working Group Co-Chair (Intel)

?         John Mitchell, Legal Council (Interaction Law)

The email below can serve as an introduction to talk to John Mitchell.  Jim Ryan will work to address our concerns.

Please let me know if there’s anything you need me to do.

Thanks,

Dave

-- 

David Dale
Director Industry Standards
CTO Office, NetApp

1-617-417-7861

 <x-msg://146/ddale@netapp.com> ddale at netapp.com 

From: Jim Ryan < <mailto:jim.ryan at intel.com> jim.ryan at intel.com>
Date: Monday, August 3, 2015 at 7:33 PM
To: John Mitchell < <mailto:john at interactionlaw.com> john at interactionlaw.com>, David Dale < <mailto:david.dale at netapp.com> david.dale at netapp.com>
Cc: "Woodruff, Robert J" < <mailto:robert.j.woodruff at intel.com> robert.j.woodruff at intel.com>, " <mailto:grun at cray.com> grun at cray.com" < <mailto:grun at cray.com> grun at cray.com>, " <mailto:'bboas at systemfabricworks.com> 'bboas at systemfabricworks.com'" < <mailto:bboas at systemfabricworks.com> bboas at systemfabricworks.com>
Subject: Some NetApp concerns re licensing terms WRT code contributed to OFED

I spoke briefly with Dave Dale who represented some concerns from NetApp WRT OFED SW contributions. Dave is the focal point for the concerns which I understand are being voiced by NetApp legal staff.  When I identified you as OFA counsel, he asked for this email introduction.

I’m going to go back over my notes to remind myself of earlier investigations, which I thought had been definitive. In any case, there are clearly some gaps, possibly only in communications, which we may need to address

Thanks and regards, Jim

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