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From Joe Schaefer <joe_schae...@yahoo.com>
Subject Re: Remediation ...
Date Thu, 09 Jun 2011 17:08:37 GMT
What we can say for certain is that Oracle won't be turning
around and suing ASF or any downstream user of the Apache-licensed
codebase for infringement.  Same goes for IBM once they start
contributing to it.  The patent provisions in the license only
kick in on entities who contribute to us, so it's advantageous
to seek out contributions from as many orgs as possible.



----- Original Message ----
> From: Donald Whytock <dwhytock@gmail.com>
> To: general@incubator.apache.org
> Sent: Thu, June 9, 2011 12:58:26 PM
> Subject: Re: Remediation ...
> 
> Considering the code was owned by Oracle, would Oracle and IBM have
> slugged  out any IP issues between them before now?
> 
> On Thu, Jun 9, 2011 at 12:56  PM, Joe Schaefer <joe_schaefer@yahoo.com>  
wrote:
> >
> >
> > ----- Original Message ----
> >> From:  Simon Phipps <simon@webmink.com>
> >> To: general@incubator.apache.org
> >>  Sent: Thu, June 9, 2011 12:46:41 PM
> >> Subject: Re: Remediation  ...
> >>
> >> On Thu, Jun 9, 2011 at 5:34 PM, Sam Ruby <rubys@intertwingly.net>   wrote:
> >>
> >> > On Thu, Jun 9, 2011 at 12:27 PM, Michael  Meeks 
<michael.meeks@novell.com>
> >>  >  wrote:
> >> > >
> >> > >        IMHO this is  vastly  preferable to some smoke and lawyer 
(IANAL)
> >> > > filled  room that issues  edicts to remove features and veto patches
> >> >  > without a clear public  rational on a public list (cf. the  above).
> >> >
> >> > All work at the ASF  that involve  changes to the code base will be done
> >> > in smoke-free and   publicly archived mailing lists.
> >> >
> >> > If you have  questions relating  to prior work done by groups other than
> >> > the  ASF, I encourage you to  contact those groups directly.
> >>  >
> >>
> >> Despite the tone, I do think  Michael makes a  serious point. Rob did 
>indicate
> >> that IBM has IP concerns and  it  would be good to have more details before
> >> Apache takes on any   responsibilities for the code.
> >
> > I don't see how this has any  bearing on the vote.  The ASF doesn't require
> > entities to disclose  whether or not any particular contribution includes a
> > patent license.   If anything is certain about this podling, given the 
>mentors
> > there will  be no tolerance for any unusual off-list collusion or non-public
> >  decision-making regarding contributions of any kind.
> >
> > If Rob or  any other IBM person has issues with what LO distributes, they 
can
> > take  it up with the TDF.  If at some point there needs to be a discussion  
>about
> > outstanding patent claims regarding the code grant to the ASF,  that is best 
>done
> > in the confines of a podling, on the podling's public  dev list.
> >
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> >
> 
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