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From "Geir Magnusson Jr." <g...@pobox.com>
Subject Re: [legal] Re: Bringing License arguments to Sun
Date Tue, 22 Aug 2006 19:05:12 GMT
Dalibor Topic wrote:
> Stefano Mazzocchi wrote:
> 
>> I understand you are concerned about the SCO-like patent attacks of
>> somebody coming in and telling you that you can't run your own code
>> because they own the rights to the concept... but if that is the case
>> against the RI, we have a way bigger problem and that's nothing a
>> license can fix.
>>  
>>
> I think a good part of the nightmare scenarious surrouding licensees 
> going mad and trying to
> fracture the platform for fun and profit could be fixed quite easily by 
> IBM and BEA dropping
> their cards on the table, and going open source with their proprietary 
> implementations of
> Java as well.

Maybe - or just declaring a patent peace or patent commons.  I think 
that there's nothing wrong with proprietary software, so if they want to 
keep competing using it, great.

> 
> The platform will be much stronger against external attacks if the large 
> vendors are in the
> same boat with Sun, rather than if strong stakeholders have an incentive 
> to innovate on
> proprietary branches, and perpetuate the current lock-in-based licensing 
> schemes.

Well, I think there's a balance to be had...  that you want people to 
have an investment in the codebase held "in common", as well as the 
ability to invest in innovation.

> 
> I don't think the market could sort a proprietary fork from IBM out 
> easily, for example.

I don't understand what that means.

> And I don't think it should have to, given IBM's and BEA's open letter 
> campaign for open
> source Java a little while ago.
> 
> It's time to put up, and invest into the future of the platform, rather 
> than future of lock-in.

One way would be for everyone to work on a common codebase for things 
that are shared, in a symmetrical, equal fashion, with the ability to do 
whatever proprietary work they want too...

geir


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