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From Roman Shaposhnik <ro...@shaposhnik.org>
Subject Re: Podlings, the Incubator, relationships and Apache
Date Wed, 26 Jun 2019 04:21:29 GMT
On Tue, Jun 25, 2019 at 8:07 PM Sam Ruby <rubys@intertwingly.net> wrote:
>
> On Mon, Jun 24, 2019 at 12:12 PM Roman Shaposhnik <roman@shaposhnik.org> wrote:
> >
> > On Sun, Jun 23, 2019 at 11:03 PM Alex Harui <aharui@adobe.com.invalid> wrote:
> > >
> > > But, IMO, the reason the question went to VP Legal is that it doesn't really
matter what the IPMC thinks if their "business decision" will have an impact on the "Legal
Shield" and the insurance premiums that go with it.  So I think the question got lost on legal-discuss.
 The "space of options" should probably be constrained by the "Legal Shield".
> >
> > Nope. That's not how any of the legal works. Legal never makes policy
> > -- legal always evaluates risk profiles of the policy that business
> > stakeholders make.
> >
> > In fact, and thin may come as a shock, legal never *blocks* anything.
> > Legal doesn't have veto power simply because the business decision
> > always trupms legal.
>
> Please interpret the following statement extremely narrowly: the Legal
> Affairs committee is a board committee.  Read section 5.9 of the ASF
> bylaws.
>
> I believe that the correct way to interpret this is that the Legal
> Committee (and therefore, VP, Legal) is empowered to make business
> decisions on behalf of the ASF.  This would include pulling a release
> or disbanding a committee.
>
> Now I'm not suggesting that you start vetoing anything.  I'm just
> saying that should you find yourself in a position where a veto is
> necessary, don't question whether or not you have that authority.

No disagreement there and good clarification.

Thanks,
Roman.

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