[Fedora-users-br] Fim da Fedora Foundation !!!

Hugo Cisneiros hugo em devin.com.br
Qui Abr 6 13:08:08 UTC 2006


Olá pessoal,

Só pra não espalhar a má informação, aqui vai o anúncio oficial sobre 
isso. Leiam atentamente (em inglês, quem sabe eu ou alguém possa 
traduzir isso, o que é de extrema importância). Minhas opiniões eu posso 
dar em outros e-mails :)

Aí vai:

To my fellow Fedora community members:

As many of you are aware, FUDCon Boston is this Friday.  One of the most 
important topics that we will be discussing there is the future of the 
Fedora Project, specifically with regard to the Fedora Foundation.

I'd like to ask you all to read the document that follows this note.  It 
reviews Red Hat's intentions in initially announcing the Fedora 
Foundation, and outlines the problems that have led us to the decision 
to move in a different direction.  It also discusses the plan that we 
are implementing instead, and the steps that we are taking to ensure 
that the Fedora Project continues to thrive and grow.

It is as complete, honest, and transparent as we can make it.  If you 
feel that there are places in which it lacks those qualities, call us on 
it, and we will respond.

This document represents the work of many people both inside of Red Hat 
and within the Fedora community.  It is a long read, but a very 
worthwhile one.

So take a look, read, digest, and share your thoughts.  I look forward 
to discussing this in great detail on email, and also with as many of 
you as possible in person at LinuxWorld and at FUDCon over the next few 
days. Many of Red Hat's most active Fedora folks will be at those two 
shows, so please come and talk with us.

Sincerely,
Max Spevack

=========================

Last June, Red Hat announced its intention to launch the Fedora 
Foundation.  We've had a lot of smart people working hard to make this 
Foundation happen, but in the end, it just didn't help to accomplish our 
goals for Fedora.  Instead, we are restructuring Fedora Project, with 
dramatically increased leadership from within the Fedora community.

The next obvious question -- "Why no Foundation?" -- deserves a detailed 
explanation.

===

WHY NO FOUNDATION?

When we announced the Foundation, it was with a very specific purpose, 
and in a very specific context.  The announcement was made by Mark 
Webbink, who has been the intellectual property guru at Red Hat for a 
long time now.  His stated goal for the Foundation: to act as a 
repository for patents that would protect the interests of the open 
source community.

Once we announced the intention to form a Foundation, people inside and 
outside of Red Hat were interested in working beyond the stated purpose 
-- an intellectual property repository -- and instead saw this new 
Foundation as a potential tool to solve all sorts of Fedora-related 
issues.  Every Fedora issue became a nail for the Foundation hammer, and 
the scope of the Foundation quickly became too large for efficient progress.

A team moved forward to create the Foundation itself.  We created the 
legal entity, came up with some very basic and flexible bylaws, and 
appointed a board to run it temporarily.  This all happened pretty 
quickly, because this was the easy part.  We had articles of 
incorporation in September 2005.

Then came the hard part: articulating the precise responsibilities of 
the Foundation.  This conversation took months, but ultimately it came 
back around, again and again, to a single question: "What could a Fedora 
Foundation accomplish that the Fedora Project, with strong community 
leadership, could not accomplish?"

So here, in order, were the possible answers to that question -- and why 
we found, in every single case, that the Fedora Foundation was not the 
right answer.

ONE: The Fedora Foundation could be an entity for the development of an 
open source patent commons.

This was the obvious starting place, and what we actually announced. One 
of the lurking concerns of the open source community is the threat of 
software patents.  The Fedora Foundation could have been an ideal 
repository for defensive patents.  We envisioned soliciting patentable 
ideas from businesses and/or individuals, paying for the prosecution of 
these patents, and then guaranteeing open source developers the 
unrestricted right to code against these patents using a similar 
mechanism to the Red Hat patent promise. 
(http://www.redhat.com/legal/patent_policy.html).

What we weren't counting on was the rapid progress of the Open Invention 
Network (http://www.openinventionnetwork.com/press.html), which serves a 
similar purpose for businesses in a much more compelling way.  Without 
going into too much detail, it became clear to us that OIN is going to 
be the 800-pound gorilla in the patent commons space, and we were eager 
to join forces.

OK, so much for soliciting patents from businesses.  What about 
individuals?  If we were to focus the Fedora Foundation's efforts on 
soliciting patentable ideas from individuals, how many could we get? 
Our gut decision: not many.  Most developers who actually work for a 
living have agreements with their employers that prevent them from 
pursuing patents independently.  Many university students who pursue 
patents are required to grant them to the university.

After putting a lot of work into the idea of a Fedora Foundation patent 
commons, in the end it just didn't seem compelling.  So we shelved the idea.

TWO: The Fedora Foundation could act as a single point of standing for 
legal issues.

The Free Software Foundation serves this purpose for the GNU projects. 
We thought that the Fedora Foundation might successfully serve the same 
purpose for Fedora projects.  Have you ever noticed that the GNU 
projects all require contributors to assign copyright to the FSF? 
That's because there's this legal idea called "standing" that matters 
deeply to lawyers and judges.  Here's a little skit that helps to 
explain why standing is important:

BAILIFF: Come to order for case Z-38-BB-92.  Plaintiff is Small Software 
Project.  Defendant is Great Big Computer Corporation.

JUDGE: OK, have a seat, folks.  The docket is busy today, and I've got a 
doctor's appointment in two hours.  Plaintiff, what's this all about?

PLAINTIFF'S COUNSEL: Well, your honor, there's this license called the 
GPL that the defendant is *totally* violating.  Basically, they stole 
the plaintiff's code and put it into their software program.

DEFENDANT'S COUNSEL: Hold it right there.  Your Honor, plaintiff doesn't 
have standing in this case.  There's 100 different developers that wrote 
this code, and the plaintiff only represents six of them.  Plaintiff 
clearly doesn't even have the legal right to sue us, Your Honor.

JUDGE: Looks like this case could be Pretty Hard, and this whole 
"standing" thing gives me a perfect excuse not to think about it. 
Counsel, get back to me when you've got the other 94 plaintiffs.

So, standing is a big concern.  In the world of lawyers, it's one of the 
big potential unknowns around defending open source projects, especially 
projects that have lots of contributors.

The obvious problem with establishing standing in this way, though, is 
that a single entity *must* own *everything* in your project.  That's 
why the FSF *requires* copyright assignment.

What Fedora projects currently exist where copyright assignment makes sense?

Well... none, as it turns out.  Let's look at some of the current Fedora 
projects as examples.

At present, the two most successful Fedora projects are Core and Extras 
-- which, together, basically constitute a big Linux distribution.  And 
what is a distribution?  Ideally, it's a high-quality repackaging and 
integration of content owned by others.  That's the whole point.  In 
such cases, copyright assignment makes no sense at all.

Then there's the Fedora Documentation project, which produces 
documentation and makes it available under the Open Publication License 
(http://opencontent.org/openpub/) without options.  Given the liberal 
nature of this license, it just doesn't seem all that useful to ask 
contributors to assign copyright for defense of these works.

Then there's the Fedora Directory Server, which Red Hat purchased and 
open sourced.  No question who holds standing there; it's Red Hat.  The 
time may come when the Fedora Directory Server project is ready to 
incorporate lots of changes from the community, but until that time 
comes, the question of copyright assignment is pretty much a theoretical 
question.

Which is what a lot of this comes down to -- the question of legal 
standing is either an open or theoretical question at best, and probably 
better left to an organization such as the FSF that focuses a great deal 
more attention on these types of questions.

Put another way: we have a finite amount of resources to make Fedora 
better.  How much of that cash should be going to expensive lawyers -- 
especially if Red Hat already has lawyers who have a strong incentive to 
defend Fedora, should such a defense prove to be necessary?

So the Fedora Foundation didn't seem compelling as a mechanism for 
copyright assignment, either.

THREE: The Fedora Foundation could act as an entity for funding 
Fedora-related activities that Red Hat didn't have great interest in 
funding.

Funny thing, that.  We asked some of our closest friends this question: 
"Would you donate to an independent Fedora Foundation?"  The answers 
were very interesting, and ran the gamut.  Some people were incredibly 
enthusiastic: "We'd love to give money!"  Some were neutral: "Thanks, 
but we'd rather contribute code."  And some were less enthusiastic: "Red 
Hat is a successful, profitable company.  Why are you asking *me* for 
money?"

Here's another funny thing: if you choose to incorporate as a non-profit 
entity in the United States, then you subject yourself to a number of 
rigorous IRS tax tests.  One of these tests is the "public support 
test." If you say you're a public charity, well by golly, you have to 
prove it. If, within four years, you aren't collecting fully one third 
of your money from public sources, then you're not actually a public 
charity.

People are always shocked when we tell them how many resources Red Hat 
puts into Fedora.  If we were to make the Fedora Foundation a truly 
independent entity, then we'd have to track every dime of that expense 
as "in-kind contributions".  That means we'd have to track:

* The cost of bandwidth for distributing Fedora to the world;

* Every hour that Red Hat engineers spend working on Fedora, whether 
that is the actual writing of code, release engineering, testing, etc.;

* Legal expenses of running a Foundation;

* Administrative expenses of running a Foundation.

As an intellectual exercise, let's ignore all of those numbers for now 
except for bandwidth.  Back in the day, when Red Hat would release a 
distro, we would regularly get angry calls from network admins at big 
datacenters, complaining that we were eating all of their bandwidth.  If 
you ever meet any of our IT guys over a beer, be sure to ask them about 
the time we melted a switch at UUNet.

The demand for Fedora is every bit as high, and the March 20 release of 
Fedora Core 5 was no exception.  So let's take a conservative guess and 
say that the bandwidth cost for distributing Fedora comes to $1.5 
million a year.  Yes, even though we have BitTorrent trackers and Fedora 
mirror sites worldwide.

That means that a public Fedora Foundation would have to raise $750k in 
public funds -- remember the one-third public support test -- every 
single year, just to pay for *bandwidth*, assuming no growth and no 
other expenses.

So what would happen, under such a scenario, if Red Hat were to decide 
to spend more money on Fedora?  Because that's exactly what Red Hat 
wants to do.

There were alternatives to the public charity angle.  We could have set 
up a private operating foundation, and we explored this avenue -- but 
then it wouldn't really be an independent entity.  It would be a shell. 
  The fact that Red Hat would still likely bear the legal risk of 
Foundation decisions, and the complication of raising public funds, made 
any 501(c) less attractive.

In short: the fund raising burden for a truly independent Fedora 
Foundation would be terrifying.  So the Fedora Foundation clearly wasn't 
compelling as a fund raising entity -- if anything, it represented an 
impediment to building a better Fedora Project.

FOUR: The Fedora Foundation could provide mechanisms for more community 
participation in key decision-making processes.

 > From the day the Fedora Project was started over two years ago, it's 
been
our goal to build these mechanisms, Foundation or no Foundation.  How 
successful have we been?

Initially, we had some problems.  In the last year, though, we've had 
some pretty clear successes.  The Fedora Extras project is a good 
example here. When we officially launched it in February 2005 at FUDCon 
Boston, we put together a steering committee that consisted of a pretty 
even mix of Red Hat and community packagers.  At FUDCon Germany last 
summer, we strengthened the group with more European members.  Earlier 
this year, we successfully handed off leadership of the committee to a 
community member. Red Hat continues to provide logistical and legal 
support, but Fedora Extras policy is determined by the community.

So what happens when the Fedora Extras Steering Committee (also known as 
FESCO) runs into difficulty?  Well, they escalate the issue to "the 
Board."  And who is "the Board?"  It's been the people running the 
Fedora Foundation -- but it's also been the people running the Fedora 
Project. Whenever "the Board" had been asked to make a decision, there's 
been no practical distinction between "Project" and "Foundation."

What *is* vital, whether we're talking about "The Foundation" or "The 
Project," is the actual presence of community members on the board -- 
but more on that later.

FIVE: The Fedora Foundation could serve as a truly independent entity, 
providing the ability for Fedora to grow separately from Red Hat's 
interests.

This is the real heart of the matter.  This is what some people want to 
see: a more independent Fedora.  This is The Question That Must Be Answered.

The simple and honest answer: Red Hat *must* maintain a certain amount 
of control over Fedora decisions, because Red Hat's business model 
*depends* upon Fedora.  Red Hat contributes millions of dollars in staff 
and resources to the success of Fedora, and Red Hat also accepts all of 
the legal risk for Fedora.  Therefore, Red Hat will sometimes need to 
make tough decisions about Fedora.  We won't do it often, and when we 
do, we will discuss the rationale behind such decisions as openly as we 
can -- as we did with the recent Mono decision.

But just because Red Hat has veto power over decisions, it does not 
follow that Red Hat wants to use that power.  Nor does it follow that 
Red Hat must make all of the important decisions about Fedora.  In fact, 
effective community decision making is one of the most direct measures 
of Fedora's success.

The most important promise about Fedora -- once free, always free -- 
still stands.  We aim to set the standard for open source innovation.  A 
truly open Fedora Project is what makes that possible.

===

THE NEW FEDORA PROJECT LEADERSHIP MODEL

Since Fedora's inception two years ago, a diverse global community has 
developed around Fedora -- and, as in any open source project, natural 
leaders have emerged.  The time has come to reward some of these leaders 
with the opportunity to define the direction of the Fedora Project at 
the highest level.

Therefore, we've reconstituted the Fedora Project Board to include these 
community leaders directly.

Initially, there are nine board members: five Red Hat members and four 
Fedora community members.  This Board is responsible for making all of 
the operational decisions of the greater Fedora project, including 
decisions about budget and strategic direction.

In addition to the nine board members, there is also be a chairman 
appointed by Red Hat, who has veto power over any decision.  It's our 
expectation that this veto power will be used infrequently, since we're 
all aware of the negative consequences that could arise from the use of 
such power in a community project.

The chairman of the Fedora Project is Max Spevack.  Max has been with 
Red Hat since 2004, previously as a QA engineer and QA team lead for Red 
Hat Network.  He is a member of the Fedora Ambassadors steering 
committee, and has been a Linux user since 1999.

The Fedora Project board members from Red Hat are Jeremy Katz, Bill 
Nottingham, Elliot Lee, Chris Blizzard, and Rahul Sundaram.

Jeremy Katz is a Red Hat engineer.  He is the longtime maintainer for 
Anaconda, and a founding member of the Fedora Extras steering committee.

Bill Nottingham joined Red Hat in May of 1998, working on projects 
ranging from the initial port of Red Hat Linux to ia64, booting and 
hardware detection, multilib content definition and fixing, and is 
currently doing work related to stateless Linux. He's also been involved 
in various technical lead details, such as package CVS infrastructure 
and distribution content definition.

Elliot Lee has been a software engineer at Red Hat since 1996. His open 
source contributions include release engineering for Fedora Core, 
co-founding the GNOME project, and maintaining assorted open source 
libraries and utilities.  He is a founding member of the Fedora Extras 
steering committee.  Elliot current leads the Fedora infrastructure 
team, making it easier and enjoyable for contributors to get more done.

Chris Blizzard is an engineering manager for Red Hat.  He has served on 
the board of the Mozilla Foundation, and is currently leading the One 
Laptop Per Child project for Red Hat.

Rahul Sundaram is a Red Hat associate based in Pune, India.  He is a 
longstanding contributor to multiple Fedora projects, a Fedora 
Ambassador for India, and a member of the Fedora Ambassadors steering 
committee.

The Fedora Project board members from the community are Seth Vidal, Paul 
W.  Frields, Rex Dieter, and a fourth board member to be named as soon 
as possible.

Seth Vidal is the project lead for yum, which is one of the key building 
blocks for software management in Fedora.  He also maintains mock, the 
basis for the Fedora Extras build system.  He is a founding member of 
the Fedora Extras steering committee, and he was one of the people 
chiefly responsible for the first ever release of Fedora Extras packages 
in 2005. Seth is also the lead administrator of the infrastructure at 
fedoraproject.org, which includes the Fedora project wiki, RSS feed 
aggregator, and bittorrent server.

Paul W. Frields has been a Linux user and enthusiast since 1997, and 
joined the Fedora Documentation Project in 2003, shortly after the 
launch of Fedora.  As contributing writer, editor, and a founding member 
of the Documentation Project steering committee, Paul has worked on a 
variety of tasks, including the Documentation Guide, the Installation 
Guide, the document building infrastructure, and the soon-to-emerge RPM 
packaging toolchain.  Paul is also a Fedora Extras package maintainer.

Rex Dieter works as Computer System Administrator in the Mathematics 
Department at the University of Nebraska Lincoln.  Rex is a KDE advocate 
and founded the KDE Red Hat project.  He is also an active contributor 
to Fedora Extras.  Rex lives in Omaha, Nebraka, with his wife, 2 
children, and 4 cats.

It's true that a lot of the key governance details -- term length, board 
composition, election or appointment process -- have yet to be resolved. 
One of the first responsibilities of the new board will be to work with 
the Fedora community to answer these questions.

===

Red Hat has been supporting a free Linux distribution for over ten 
years, and Red Hat will *always* support a free Linux distribution.  We 
want to work together with the Fedora community to make Fedora better. 
We want a Fedora that is a true partnership between Red Hat and the 
community.  We want to build effective models to make that partnership 
real.  We want to see the folks at MySQL managing MySQL in Fedora.  We 
want to see the folks from kde.org managing KDE in Fedora.  We want to 
see the folks at Planet CCRMA managing audio production applications in 
Fedora.  We want Fedora to be a launching pad not just for open source 
software, but for open content of all kinds.  We want the Fedora Project 
to be a way to fill the community with high quality software and 
content, and we want to empower the Fedora community to innovate in ways 
we'd never even considered.

The new Fedora Project Board has a strong mandate to make these things 
happen, and has the full support of Red Hat.  We ask that you, the 
members of the Fedora community, give them your full support as well, 
and we thank you for all the support you've given us so far.  We would 
not have made it nearly this far without your patience, your friendship, 
and your tireless help.

Rafael Gomes wrote:
> 
>     Red Hat fecha a Fedora Foundation
> 
> 
>           Quarta-feira, 05 de abril de 2006 - 19h54
>           <http://info.abril.com.br/loja/proximos.shl>
> 
> SÃO PAULO - A Red Hat divulgou que está desativando a Fedora Foundation, 
> organização que coordenava o desenvolvimento do Linux Fedora Core.
> 
> Essa distribuição gratuita do Linux vinha sendo usada pela Red Hat para 
> testar tecnologias a ser incorporadas ao Red Hat Enterprise, seu Linux 
> pago para empresas.
> 
> A fundação, agora extinta, foi criada no ano passado. Deveria coordenar 
> o desenvolvimento, que contaria com programadores voluntários além da 
> própria Red Hat. A fundação também serviria para resolver questões de 
> propriedade intelectual.
> 
> Depois disso, a Red Hat juntou-se a IBM, Novell e outras empresas na 
> Open Invention Network, organização que coleciona patentes para projetos 
> de software livre. Com isso, a Fedora Foundation perdeu parte da sua 
> importância.
> 
> Com o fechamento da fundação, o desenvolvimento do Fedora Core passa a 
> ser coordenado por um comitê de nove pessoas, das quais cinco trabalham 
> para a Red Hat.
> 
> 
> 
> -- 
> Rafael Brito Gomes
> Sistema de Informação
> Unifacs
> 
> III Festival de Software Livre da Bahia
> 24, 25 e 26 de agosto de 2006
> http://festival.softwarelivre.org
> 
> 
> ------------------------------------------------------------------------
> 
> --
> Fedora-users-br mailing list
> Fedora-users-br em redhat.com
> https://www.redhat.com/mailman/listinfo/fedora-users-br

-- 
[]'s
Eitch

http://www.devin.com.br/eitch/
"Talk is cheap. Show me the code." - Linus Torvalds




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