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From Sam Ruby <ru...@intertwingly.net>
Subject Re: Podlings, the Incubator, relationships and Apache
Date Wed, 26 Jun 2019 03:06:48 GMT
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.

- Sam Ruby

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