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General terms of the email discussions
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
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