General terms of the email discussions


Lukas Bulwahn
 

Dear all,

as some participants and listeners on the ELISA mailing lists
contacted me with questions in private on the general terms of the
email discussions, I would like to share the general terms we have
already agreed on:

(See https://lists.elisa.tech/g/devel and
https://docs.google.com/document/d/1PwgmvVtFRh127VrOZNsvV7c5GLTMYsVUe-S9vmqE6Y8/edit?usp=sharing)
---

"The mailing list is public and archived." (we have not described that
and the consequences to be aware of.)

Antitrust Policy:
refers to and defined in https://linuxfoundation.org/antitrust-policy/

(some extract from that page)

LF members and participants must not, in fact or appearance, discuss
or exchange information regarding:

An individual company’s current or projected prices, price changes,
price differentials, markups, discounts, allowances, terms and
conditions of sale, including credit terms, etc., or data that bear on
prices, including profits, margins or cost.
Industry-wide pricing policies, price levels, price changes,
differentials, or the like.
Actual or projected changes in industry production, capacity or inventories.
Matters relating to bids or intentions to bid for particular products,
procedures for responding to bid invitations or specific contractual
arrangements.
Plans of individual companies concerning the design, characteristics,
production, distribution, marketing or introduction dates of
particular products, including proposed territories or customers.
Matters relating to actual or potential individual suppliers that
might have the effect of excluding them from any market or of
influencing the business conduct of firms toward such suppliers.
Matters relating to actual or potential customers that might have the
effect of influencing the business conduct of firms toward such
customers.
Individual company current or projected cost of procurement,
development or manufacture of any product.
Individual company market shares for any product or for all products.
Confidential or otherwise sensitive business plans or strategy.

Copyright and Licensing;
Note: Email communication will be treated as documentation and be
received and made available by the Project under the Creative Commons
Attribution 4.0 International License (available at
http://creativecommons.org/licenses/by/4.0/). Please refer to the
ELISA Technical Charter section 7 subsection iv. for details.

Clarification on Relationship to Employing Companies:
The discussions in these meetings are exploratory. The opinions
expressed by participants are not necessarily the policy of the
companies.

Code of Conduct:
The kernel and LF Code of Conduct applies to all communication with
this project:
https://www.linuxfoundation.org/code-of-conduct/
https://git.kernel.org/pub/scm/linux/kernel/git/torvalds/linux.git/tree/Documentation/process/code-of-conduct.rst
https://git.kernel.org/pub/scm/linux/kernel/git/torvalds/linux.git/tree/Documentation/process/code-of-conduct-interpretation.rst

---

As far as I see it, the statement in "Clarification on Relationship to
Employing Companies" is equivalent to:
The opinions expressed herein are my own and do not constitute an
official position of my employer or any of its legal operating units.

If you see it differently, we should add that to assist the discussion
of more interested participants.

Min, could you please add the full list of general terms to the
summary description at https://lists.elisa.tech/g/devel above?

Here (as an illustrative example) are some comments on my communication:

You may observe that I do not use a company signature; it reflects
that opinions are personal ones and are not connected to any position
nor role at the company I am employed at. Nevertheless, as the
discussion is done as part of my working time and work assignment and
in general are valuable to the company I am employed by (e.g., because
of the technical exchange and deepening of understanding on this large
topic), the copyright holder (excluding moral rights) is my employer
that would be needed to be respected in attributions. A similar
situation probably for all other participants.

Further, some participants use an email disclaimer, such as:

This e-mail and any attachments may contain confidential material for
the sole use of the intended recipient(s). Any review or distribution
by others is strictly prohibited. If you are not the intended
recipient, please contact the sender and delete all copies.

I personally believe (and IANAL) that this disclaimer is contradicting
the general terms, and hence, the general terms override this
disclaimer in those emails.


Best regards,

Lukas