To create a new release that can pass
        the 2nd ballot of MP 6.0 hopefully, I created this issue (
https://github.com/eclipse/microprofile/issues/299)
        and added the introduction text here for simplicity:
        We have the following options:
        
        - Regarding the email from Wayne today, we can just restart the
        ballot with all current members eligible to vote
        - We can create a new MP 6.0 version with fixes for my findings
        on the review (I created a PR for it: 
https://github.com/eclipse/microprofile/pull/298)
        - We can add an updated version of MP Metrics 5.0 with having
        dependencies to Jakarta EE 10 component specs (Jakarta REST and
        CDI especially) again instead of the whole Jakarta EE 10 Core
        Profile - which would make it easier for vendors to fulfil the
        requirements to be compatible
        - We can restart the Plan Review with an updated plan,
        especially regarding MP Metrics and it's dependencies from other
        MP component specs
        
        The first option is the simplest one, but with potentially a
        "even good enough" result.
        The second one could fix my concerns, at least the ones I can
        see as a quick fix. Both two options would make it possible to
        get a MP 6.0 release this year as Xmas present potentially.
        To make it  simpler to be compatible with MP Metrics 5.0 and if
        included in MP 6.0 (as Service Release) that could help
        implementations, that are now not compatible to Jakarta EE 10
        Core Profile. This will take us to somewhere in Q1 2023.
        When we want to make everybody happy - we need to plan a
        complete new release with major changes regarding MP Metrics
        (i.e. make it optional, remove it from the MP Platform, replace
        it by OpenTelemetry Metrics in a new MP Telemetry release,
        update all dependent specs and TCKs etc.). This can take a while
        (i.e. OpenTelemetry is not stable regarding telemetry data yet)
        and would prevent us and the users to have a MP Platform release
        available that aligns with Jakarta EE 10 - the worst outcome
        from my perspective, especially with respect to the current
        discussion about MP JWT and Jakarta Security!
        We better do plan a new, additional release later to go into
        this direction, when there is a replacement available - like we
        did with MP OpenTracing and MP Telemetry (Tracing).
        
        So @Emily-Jiang and me prefer heading towards option two soon
        and work on three and four then.
        What do you think about it?
 
      
        
          The Eclipse Foundation staff do not proactively monitor every vote in every working group. What we do is retroactively make sure that we think each vote has been undertaken correctly. This MicroProfile 6.0 vote was the first close vote under the EFSP and it forced us to examine the question of exactly who gets to vote in such a ballot. As others have quite rightly pointed out, this is inadequately documented. We intend to remedy that ASAP. 
          
          History is littered with lawsuits around standards processes that were perceived as unfair or improperly followed. The ballot in question locks in royalty-free licenses of our members’ patent portfolios to all users and implementers of MicroProfile 6.0. Some of those members have very large patent portfolios and take these licensing matters extremely seriously. So our perspective is that the vote can only pass if it is unassailably correct. In other words, the vote can only pass if it is absolutely crystal clear that it complies with every one of our rules. 
          
          As mentioned above, this instance is the first time in the history of the EFSP where the vote was even close. We were therefore obligated to scrutinize it very carefully. Our determination was ultimately based on statements in the Bylaws that quorum is determined at the beginning of each meeting, and – by extension – the beginning of each electronic vote. We acknowledge this is subtle and open to other interpretations, but we are basing this on long discussions related to the nuances of this topic when we formed the Belgian organization; and again, we admit to being conservative for the reasons stated above.    
          
          Which leads to a question: to date we have not actually consulted a lawyer on this specific scenario. It is possible that they would tell us that we’re wrong. But I am not sure whether that would actually be quicker or more definitive than re-running the ballot with Primeton’s representative’s vote unambiguously counting this time. While we think that generally it’s bad practice to rerun a ballot without a change, there is enough uncertainty here, given the good intentions of all involved, that rerunning the ballot makes the most sense.  And in this case, Primeton’s representative will be eligible to vote and will count towards quorum.
          
          Wayne
         
        
        
          
          
            
              Wayne, 
              
              Where was your explanation regarding whether to count
                a particular vote documented? I have been searching for
                the voting criteria from the relevant docs but did not
                find anything. If it is not specified, different
                interpretations likely occur like this. Besides, the
                vote on Telemetry counted the 
vote from
                Primeton on 28th November. Why wasn't the problem
                spotted then? This is not consistent. 
              
 
              Thanks
              Emily
              
             
            
            
              
              
                
                  I am following up on Paul Buck’s note that we wanted to review the result of this ballot. 
                  
                  Upon review, we deem that this ballot did not pass and thus the MicroProfile 6.0 Release Review was not passed. 
                  
                  The short version is that it is because Primeton had not appointed their representative at the start of the vote.
                  
                  Before elaborating, I want to inform everyone that we are being deliberate about the interpretation of the rules and the outcome as there are significant intellectual property implications that are dependent on whether the ballot has passed. Further, I'd like to acknowledge that we believe that everybody was operating in good faith and that our interpretation of the rules is in no way intended to suggest otherwise.
                  
                  The determination of who is eligible to vote is determined at the onset of any vote. In this case, the vote began on November 22/2022.  At that time, Primeton had not yet appointed their representative to the Steering Committee, and as such she was not eligible to have her ballot count, either to determine quorum or the outcome of the vote. As a reminder, all members of the MicroProfile working group are eligible to appoint an individual to serve on the Steering Committee; however, there is no obligation to do so.  As a result, until such time as an individual is appointed, there is no consideration of that member’s potential representation in the computation of quorum or being eligible to vote on any matter.  
                  
                  As a result, there were only nine eligible voters for this particular election. Of those nine, as shown in the results, five voted in favor, three against, and one abstained.  In accordance with our Bylaws, the abstention is not counted in either the numerator or denominator, and thus the computation is based on the five in favor of eight non-abstentions total, for a result of 62.5%.  Given this is less than the 2/3 majority required, this means the ballot did not pass. 
                  
                  Note the EFSP defines a super-majority to be two-thirds of the eligible voters and that specification ballots require a super-majority to pass. Working group charters for specification based working groups including MicroProfile list the EFSP as a governing document. 
                  
                  Wayne
                 
                
                
                  
                  
                    
                      
                      
                      All, 
                      
                      We are reviewing whether this ballot should be
                      deemed as having passed. We will provide as
                      quickly as possible a detailed explanation of why
                      this is the case, and to provide our
                      determination, but nonetheless we wanted to note
                      this on the mailing list immediately to ensure
                      that no committers begin to take actions based on
                      the assumption it has passed.  
                      
                      As I am going on PTO on Thursday, it will be
                      another member of the Eclipse team who will
                      provide the further detail. 
                      
                      Thanks for your understanding.
                      
                      
                     
                    
                    
                      
                      
                        
                          
                             I declare this ballot
                              complete and approved. The summary of the
                              votes is below.
                            
                            
                            
                                
                                  
                                    
                                      | Representative | 
                                      Representative
                                        for: | 
                                      Vote | 
                                    
                                    
                                      | Summers
                                        Pittman, Vincent Mayers | 
                                      Atlanta
                                        JUG | 
                                      +1 | 
                                    
                                    
                                      | Emily
                                        Jiang, Nathan Rauh | 
                                      IBM | 
                                      +1 | 
                                    
                                    
                                      | John
                                        Clingan, Roberto Cortez | 
                                      Red Hat | 
                                      -1 | 
                                    
                                    
                                      | David
                                        Blevins, Amelia Eiras | 
                                      Tomitribe | 
                                      -1 | 
                                    
                                    
                                      | Chandra
                                        Guntur, Michael Redlich | 
                                      Garden
                                        State Java User Group | 
                                      -1 | 
                                    
                                    
                                      | Ed
                                        Bratt, Dmitry Kornilov | 
                                      Oracle | 
                                      +1 | 
                                    
                                    
                                      | Jan
                                        Westerkamp, Heiko Rupp | 
                                      iJUG | 
                                      +0 
                                       | 
                                    
                                    
                                      | Kenji
                                        Kazumura, Takahiro Nagao | 
                                      Fujitsu | 
                                      +1 | 
                                    
                                    
                                      | Reza
                                        Rahman, Ed Burns | 
                                      Microsoft | 
                                      +1 | 
                                    
                                    
                                      | Mingyue
                                        Huang | 
                                      Primeton | 
                                      +1 | 
                                    
                                    
                                       
                                       | 
                                      Total | 
                                      6 
                                       | 
                                    
                                  
                                
                               
                            
                            
                            
                            p.s. (super majority achieved. 2/3*9=6;
                              each +0 means removing one the denominator)
                           
                          
                          
                          Even though the ballot was concluded
                            successfully, the raised issues will be
                            addressed in the upcoming releases Feb/June
                            2023.
                          
                          -- 
                            
                              
                                Thanks,
                                  Emily on behalf of MicroProfile
                                  Steering Committee
                                  
                                
                               
                             
                           
                         
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                                  Wayne Beaton
                                  Director of Open Source Projects | Eclipse Foundation
                                  
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                          Wayne Beaton
                          Director of Open Source Projects | Eclipse Foundation
                          
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