Thread: infra migration and the bureaucracy - who kills maemo?
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joerg_rw is offline joerg_rw
2013-02-24 , 18:57
Posts: 2,222 | Thanked: 12,651 times | Joined on Mar 2010 @ SOL 3
#10
Originally Posted by SD69 View Post
A couple of us were succesful in getting Nokia to donate $7K of server hardware.

Joerg offered to be admin of maemo.org and recommended a few possible hosting places.

Board agreed to most preferred host and assigned me to ensure that we have a hosting contract to ensure we can always get our hw back.

But most preferred hosting place declines to provide a hosting contract.

Joerg resorts to hyperbole when he realizes Board might use a recommended host that will provide a hosting contract instead of.the otherwise MOST preferred host.
Rob,
I suggested to you to write a contract of whatever kind you think is needed and send it to IPHH after council has reviewed it. I can't figure any better contract than that. And it basically always been like this since Rene clearly stated that IPHH does _not_ insist on any contract but is willing to help you out with whatever paper you might need, as long as you clearly state what that paper shall be. HOSTING however is not an option since HOSTING and COLOCATION are fundamentally mutually exclusive. We suggested you go for a server STORAGE contract that would guarantee your ownership and control over the HW but would not put IPHH on peril you eventually sue them for that brownout that causes maemo.org to go down for 3h, something that would be covered by their insurance if HiFo had a *real* CoLo (or hosting) contract with them. You ignored that suggestion. WHY???
You just constantly insist in your nonsensical HOSTING contract that is not even applicable for this type of service. We are NOT renting servers from IPHH (=hosting), nor are we asking for their administration (=managed hosting), since we are doing COLOCATION with our own hw and our own sysop at site. Now please rethink, instead of accusing me of going hyperbole!

Just one sidenote: you're aware that when Nemein *would* shut down the current infra at 2013-03-01 it will be down forever and nobody can force it come back anywhere ever if Nemein decide to clean up and re-use their resources?

Please stay cool and wait until Tuesday when Falk will forward the receipt&hand-over document to you! Evaluate it, when it doesn't meet your requirements, come back and tell us what else you need.

No more to say.

cheers
jOERG

[edit]
NielDK sent:
For the sake of it, there are zillions samples to find:
http://www.macminicolo.net/coloagree.html

Reading though this whole contract Niel provided via that URL, eliminating everything that's somehow related to fees CUSTOMER had to pay or not to pay, or obligations of CUSTOMER that in our case IPHH has generously not requested, it seems those are the only relevant parts for HiFo:

Originally Posted by II-A
It is agreed and understood by the parties that the Equipment purchased by CUSTOMER, shall remain the sole and exclusive property of CUSTOMER, but shall be housed and operated from the co-location Facilities provided by MMC pursuant to this Agreement.
and
Originally Posted by II-D
Unless specifically provided otherwise herein, the Equipment and use thereof, including any data residing on the Equipment, shall be exclusively controlled by CUSTOMER, for CUSTOMER’S internal business use. MMC may neither acquire, monitor other otherwise access information or data belonging to CUSTOMER stored or maintained on the Equipment.
and
Originally Posted by III-J
Upon termination of this Agreement, either due to the expiration of the Lease Term or as a result of termination by MMC, CUSTOMER shall immediately remove its Equipment from the Facilities.
and
Originally Posted by VI-A
MMC acknowledges that it obtains no ownership rights in or to the Equipment or any data and/or information contained thereon, unless provided otherwise in The Addendums.
and complete section 7
Originally Posted by VII
VII. CONFIDENTIAL INFORMATION

A. Each party acknowledges that during the term of this Agreement, it may have access to confidential information and trade secrets of the other party (collectively, "Confidential Information"). Each party agrees to use the Confidential Information of the other party (disclosing party) solely for the purpose of providing or utilizing the services provided hereunder or as required to perform its obligations under this Agreement. Each party (receiving party) agrees to discuss the Confidential Information of the disclosing party only with, and to transmit the Confidential Information only to, those officers, employees and consultants of the receiving party who have a need to know the Confidential Information for the purposes set forth herein and who shall agree to be bound by the terms of this paragraph VIII.

B. The receiving party shall take commercially reasonable security precautions to prevent the unauthorized use and disclosure of the Confidential Information of the disclosing party and shall use not less than the same degree of care the receiving party employs with respect to its confidential information of like importance. The receiving party shall not permit unauthorized access to the Confidential Information.

C. Information shall not be deemed Confidential Information if such information (i) is previously known to the receiving party without restriction on disclosure, (ii) is or becomes publicly known, through no wrongful act of the receiving party, (iii) was received without restrictions on use or disclosure, by the receiving party from a third party who is free to disclose it without obligation to the disclosing party or (iv) is independently developed by the receiving party; or upon the expiration of three years after the termination of this Agreement.
HTH :-/

According to German jurisdiction the one owning the warranty/bill papers is the owner, and the receipt/hand-over document proves that IPHH is in possession and thus has to hand it out again, on request. Where's the problem?
__________________
Maemo Community Council member [2012-10, 2013-05, 2013-11, 2014-06 terms]
Hildon Foundation Council inaugural member.
MCe.V. foundation member

EX Hildon Foundation approved Maemo Administration Coordinator (stepped down due to bullying 2014-04-05)
aka "techstaff" - the guys who keep your infra running - Devotion to Duty http://xkcd.com/705/

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First USB hostmode fanatic, father of H-E-N
Last edited by joerg_rw; 2013-02-24 at 22:15.
 

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