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Date: Sun, 5 Jun 2011 23:58:35 -0400
Message-ID: <BANLkTikW0npW1TgiweZ8mr1f4oECXBPPeA@mail.gmail.com>
Subject: Re: Legal concern: Are we getting to close ot a "division of markets"
 conversation?
From: Greg Stein <gstein@gmail.com>
To: general@incubator.apache.org, dennis.hamilton@acm.org
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Right. In short, there is no way to "divide the market" when you're
talking about ALv2 licensing. Everybody has equal access to very
permissively-licensed software.

It is not a worry. Move along, please.

Cheers,
-g

On Sun, Jun 5, 2011 at 23:51, Dennis E. Hamilton
<dennis.hamilton@acm.org> wrote:
> The problem here is that Rob and Sam and other well-known employees are b=
eing addressed as IBM employees here and even called to account for their e=
mployer's behavior and intentions by some of the participants. =A0I suggest=
 that the best way to deal with those requests is to meet them with silence=
 and those of us who know better should stop asking those questions.
>
> Furthermore, the competition laws that apply to Rob and Sam as IBM employ=
ees and their agreements with their employer are not waived by their having=
 a different hat here. =A0They can't get out of it, just like a priest (or =
parishioner) can't avoid causing scandal by misbehaving in plain clothes. =
=A0They can operate as individuals but they must also honor the requirement=
s on their conduct that are a consequence of their employment.
>
> However, this is not a secret conversation and it is not about arrangemen=
ts to exclude third parties (except the absent elephant that shall not be n=
amed, and I don't see how that can happen under a transparent Alv2 setup an=
yhow -- au contraire). =A0Furthermore, it is not clear to me that anything =
that happens here can create a "division of markets."
>
> I think this can be more grounded by talking about specific actions that =
are called for in finalizing the proposal and in anticipating the essential=
 work for taking over the OpenOffice.org code base, related artifacts, and =
making them available under ALv2, whether or not we ever make a distributio=
n that is called Apache OpenOffice.org.
>
> I have too many more thoughts, but it is time to take the trash to the cu=
rb and then feed the cats. =A0So you are spared for now [;<).
>
> =A0- Dennis
>
> -----Original Message-----
> From: Norbert Thiebaud [mailto:nthiebaud@gmail.com]
> Sent: Sunday, June 05, 2011 20:31
> To: general@incubator.apache.org
> Subject: Re: Legal concern: Are we getting to close ot a "division of mar=
kets" conversation?
>
> [ ... ]
>
> And these law apply to non-for-profit organization ? The Red-Cross and Un=
ited Way cannot agree to 'Divide Territories' ? They have by law the obliga=
tion to 'compete' for the potential recipient of their charity ?
>
> Isn't Apache a non-for-profit ?
>
> If I understand the 'Apache Way', I'd say you are wearing a 'Corporate' h=
at in this email, not your 'Apache member' hat
>
> Norbert
>
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