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From "William A. Rowe, Jr." <wr...@rowe-clan.net>
Subject Re: IBM and WS-Security
Date Fri, 24 Jun 2005 13:36:49 GMT
At 09:15 PM 6/23/2005, Davanum Srinivas wrote:

>I was told that Apache will *NEVER* allow such a disclaimer/verbiage
>on *ANY* project and the incubation was cancelled. See
>http://marc.theaimsgroup.com/?l=incubator-general&w=2&r=1&s=opensaml
>for all the gory details.
>
>I myself don't know why web services projects are getting this special
>attention.

Any project that has these sorts of known encumbrances would 
receive special attention (or be canceled outright.)  If WS
have been called out (I don't think they were) then it's only
because the IP claims have been more widely debated.

Once we know of an encumbrance, the ASF can:

 * obtain appropriate (ASL compatible) license/use grants 
   from the IP holder

 * modify the project to avoid any encumbered use of the IP

 * cancel the project

In this project's case, are we aware of a probable conflict
by a patent from MSFT?  In that case, examine that patent to 
determine if we can avoid encumbrance, while asking MSFT for 
permission at the same time.  If neither can be satisfied, 
there is no project.

IANAL, but to become aware of and still not review a known patent
is not going to mitigate excessive damages and penalties.  Only
honest ignorance that such a patent even existed can mitigate 
the claims by the IP holder.

Bill



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