When IBM announced the patent pledge, they specifically reserved the
right to defend itself from attack:

"IBM has no intention of asserting its patent portfolio against the
Linux kernel, unless of course we are forced to defend ourselves,"
said Nick Donofrio, senior vice president for technology and
manufacturing, drawing applause in a speech at the LinuxWorld
Conference and Expo.

And in the TurboHercules story, who is suing whom? It's not IBM. The
complaint against IBM was filed with the EU Commission by
TurboHercules. At that exact moment, did they not take themselves out
from under the patent pledge's safety umbrella?

Lou


On Thu, Apr 8, 2010 at 11:33 PM, Ed Gould <ps2...@yahoo.com> wrote:
> http://arstechnica.com/open-source/news/2010/04/ibm-breaks-oss-patent-promise-targets-mainframe-emulator.ars
>
>
>
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