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From robert_w...@us.ibm.com
Subject Re: Legal concern: Are we getting to close ot a "division of markets" conversation?
Date Mon, 06 Jun 2011 01:29:13 GMT
Simon Phipps <simon@webmink.com> wrote on 06/05/2011 09:13:24 PM:

> >
> > 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.
> >
> > http://en.wikipedia.org/wiki/Dividing_territories
> >
> >
> We are discussing how the OpenOffice.org 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
> operations.
> 

Simon, in several posts I heard you suggest what sounded to me like a 
compromise that would reserve end user supported versions for TDF/LO, 
while Apache would exclude itself from that market and pursue other 
options.  You put that into the wiki at one point, using the workd 
"complementary" to describe the division. You've suggested that Apache not 
try to get involved in end-user software, especially where it would 
compete with TDF/LO.   If I misunderstood you, I apologize.  But if you 
are suggesting anything like that, I think that is crossing the line.

-Rob


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