On Tue, Dec 8, 2009 at 3:03 AM, Doug Cutting <cutt...@apache.org> wrote:

> It's fine to make nightly builds available, including of documentation.  All
> I'm suggesting is that, just as nightly builds should not be linked to from
> the general download page, nightly documentation should not be linked to
> from the general documentation page.  Both, like links to ViewVC, should
> only be linked to from developer-specific pages.

Well, depends on what you are talking about. From a legal perspective
there is no difference between "developer pages" and "public pages",
as long as they are both accessible without login. IMHO, I would claim
that this is also the case for Nightly Builds, accessible by the
public; Legally they are "publishing to the public" (i.e. opposite of
'for private use') and bound by licenses and agreements.
And finally, from Copyright law perspective, you are right that code
and text is effectively the same thing, but that code has a common
tendency to be depending on other work, introducing licensing into the
legal mix. I think it was Leo who also pointed out that Trademarks is
an additional legal aspect of it. Nevertheless, nightly builds is IMHO
from a legal perspective an act of "making available to the public"
regardless whether that is in the "developer section" or not.

So, any policy in the area is not really bound in the legal space, and
more in the 'representation of ASF'-space.


Cheers
-- 
Niclas Hedhman, Software Developer
http://www.qi4j.org - New Energy for Java

I  live here; http://tinyurl.com/2qq9er
I  work here; http://tinyurl.com/2ymelc
I relax here; http://tinyurl.com/2cgsug

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