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From Benson Margulies <>
Subject Re: IP Clearance before releasing
Date Tue, 10 Dec 2013 11:30:44 GMT
> Therefore, when we say that incubating releases "can have small IP loose
> ends", we mean:
> *   This is an official release, created by an act of the Foundation.
> *   It is known to violate policy.
> *   It could be removed, but no one has done so yet.
> I'm comfortable with relying on "prosecutorial discretion" for inconsequential
> small stuff, but not something major like source code provenance.

Well, that third line is not what I meant. In law, and so in
Foundation policy, there is always a concept of materiality. Nothing
is perfect. People make mistakes, and the legal framework that we're
working in when we make a release has room for them. If some PMC makes
a release with 10 lines of 'category X' code in it, I do not believe
that anyone thinks that removing it is appropriate or necessary.

I was really trying to talk about trivial issues. Maybe I should have
written 'tiny' instead of small. Maybe I should have focussed on L&N
problems, where there are many opportunities to make an immaterial
error. The bottom line should be a repetition of your repetition of
Doug - a release is a release, incubator or not. If we deleted every
release from the main Foundation distro area that had some divergence
from some policy, no matter how tiny, my suspicion is that the distro
area would become rather sparse.

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