On Thu, Apr 17, 2008 at 11:55 AM, David Fisher <[EMAIL PROTECTED]> wrote:
>
>  What do you consider the "pony" requests?

At the moment, all of them.  Feel free to point your flame throwers my
way.  I can take it.

I have no doubt that Microsoft has patents on web servers and that
other companies have patents on XML based document formats.  What I
need to know is what specific licenses are licensees of POI known to
require in order to make use of our Work?

I will add that I do not like the current patent system - either US or
worldwide.  But that is beyond my ability to fix, beyond the ability
our our counsel to fix, and beyond the ability of Microsoft's counsel
to fix.

It may be possible that in the future we may become aware of
additional licenses required either of us or of our licensees in order
to distribute or make use of our work.  Dwelling on such hypotheticals
is not a productive use of our time.  Legally, we can not distribute
our Work unless we have the rights necessary to do so granted to us.
By policy, we will not distribute our Work unless our licensees have
the rights necessary to "practice" or make use our Work.

We have a very high profile and ongoing dispute with another vendor on
similar matters.  If nothing else, it should show that we are very
serious about such things.  In the extreme case, it could very well
mean that we yank some portions of specific products or even entire
projects.

Returning back to POI, we would apply the same standard here.  I have
every reason to believe that Microsoft is interested in promoting
ISO/IEC 29500 and/or ECMA 376.  Having an implementation of this
standard made available under a permissive and open source license
would seem to be consistent with their goals of supporting this
standard.  Having us yank said implementation as a direct result of an
action that Microsoft may contemplate in the future -- while
devastating to POI -- would not be consistent with Microsoft's
interests in promoting this standard.

And if you are interested in disclaimers, I happen to work for IBM.  I
am aware that there are people at IBM who feel strongly that OOXML is
counter productive.  On this matter, at least in the context of POI, I
am decidedly agnostic.  I have also worked with ECMA in the past, in
particular on ECMA 334 and ECMA 335.

>  I don't see how we can possibly reach a resolution prior to this weekend
> threatened "button pushing" - Andy will you withdraw your threat while Sam
> pursues this "private" discussion? I would propose that Sam gives us all
> updates as appropriate. Perhaps you should back up your "deadline" by
> another week?

I will not work under deadline unless somebody can point out an
credible, imminent external threat to the foundation.  If the only
threat we have is that one committer has expressed an intent to act
irresponsibly, then as far as I am concerned, that's what version
control systems are for.  Everything beyond that is an internal matter
for the POI PMC to deal with.

But I will offer to meet Andy at Azitra in Briar Creek next week for
some "Authentic Indian Fair".  Yes, such a meeting would be private,
but as I recall, the last time we ate there the food was delicious.

- Sam Ruby

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