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From Simon Phipps <>
Subject Re: Legal concern: Are we getting to close ot a "division of markets" conversation?
Date Mon, 06 Jun 2011 01:13:24 GMT
On Mon, Jun 6, 2011 at 2:08 AM, <> wrote:

> Simon Phipps <> wrote on 06/05/2011 08:38:08 PM:
> >
> > >
> > > The people who will only contribute to a copyleft license (and I know
> a few
> > > OO contributors like that) will not come over this world .. so to that
> > > extent this is a community fork and we cannot do brand sharing as
> that'll
> > > confuse end-users.
> > >
> >
> > I still think that's open for discussion. To my eyes it still makes a
> lot of
> > sense to have Apache host the parts IBM (and maybe others, although
> their
> > existence is exaggerated) need for their proprietary products, and then
> have
> > TDF maintain a consumer end-user deliverable downstream as well.
> >
> I think it would be great for TDF have an end-user downstream deliverable.
>  It would be great if anyone open source project wants to do that.  It
> would be great if a private company does this.  It would be good of a
> government wants to do this.  It would be great if multiple parties wanted
> to do this together.  It would be great it multiple parties wanted to do
> this separately.
> But I am very very very concerned that this conversation is starting to
> cross over into a "division of market" conversation, which has stiff
> penalties under US and international competition law.  Open source work,
> like standards, is work done voluntarily among competitors in the market.
> There are some things we must not talk about, especially things where
> competitors may be seen as arranging to reduce competition.  We need to
> steer the conversation far from this.
We are discussing how the community (which as has been
explained has two different open source projects in addition to a variety of
downstream commercial consumers of the open source code) could structure its


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