Re: [Flightgear-devel] ..Groklawyers warns GPL developers against Sun's

2005-01-27 Thread Arnt Karlsen
On Thu, 27 Jan 2005 10:38:11 -0800, Andy wrote in message 
<[EMAIL PROTECTED]>:

> Arnt Karlsen wrote:
> > ..riiight, we all can agree on that, now try keeep in mind _none_ of
> > us are IBM, and The SCO Group is still running its 2 yr old Â419
> > scam in the 9'th Circuit Court before Judge Kimball in SLC, Utah.
> 
> Relax.  Under no circumstances will we be any more exposed than if we
> ported to *commercial* Solaris, where we have no rights to any Sun IP
> at all.

..true.
 
> This is a non-issue.  The complaint is that the Sun patent grant is
> unfair and incompatible with the GPL, so free software developers
> should not attempt to use the Sun patents.  We aren't, so we don't
> care.

..we don't know their patent claims, and the advice from Groklaw 
is "don't look, or you'll pay 3 times more for wilful infringement."

..here, we're like in a WWI trench; if we duck, we don't see incoming
shell shit, if we take a wee peek, we risk getting shot right down.  ;o)

..the prudent way is, let Sun do the porting.  They get the source any
time they like, and if they want anything new into FlightGear, _they_
get to certify "this is our GPL patch and does not infringe on any
patent we know of."  Requiring somesuch statement, we get to rip out
their code and point any plaintiff _their_ way and be done with it like
Linus and the kernel guys are done with the The SCO Group. 

..other than that under these jurisdictions, I don't see what more can
be done to fend off new TSCOG types, so yeah, non-issue it is.

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;-)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.


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Re: [Flightgear-devel] ..Groklawyers warns GPL developers against Sun's

2005-01-27 Thread Andy Ross
Arnt Karlsen wrote:
> ..riiight, we all can agree on that, now try keeep in mind _none_ of
> us are IBM, and The SCO Group is still running its 2 yr old Â419
> scam in the 9'th Circuit Court before Judge Kimball in SLC, Utah.

Relax.  Under no circumstances will we be any more exposed than if we
ported to *commercial* Solaris, where we have no rights to any Sun IP
at all.

This is a non-issue.  The complaint is that the Sun patent grant is
unfair and incompatible with the GPL, so free software developers
should not attempt to use the Sun patents.  We aren't, so we don't
care.

Andy

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Re: [Flightgear-devel] ..Groklawyers warns GPL developers against Sun's

2005-01-27 Thread Arnt Karlsen
On Thu, 27 Jan 2005 07:12:49 + (UTC), Martin wrote in message 
<[EMAIL PROTECTED]>:

> Arnt Karlsen wrote:
> 
> > ..this Groklaw thread suggests we cannot do a GPL port to Sun's new
> > OpenSolaris, as we risk lawsuits:
> 
> No, and the reason is stated here:
> 
> >> Because Sun is not opening their patents to the entire open source
> >> community under any license, anyone who works on CDDL code and/or
> >> reviews the Sun patents is now tainted [...]
> 
> "Porting to" OpenSolaris and "working on" OpenSolaris are two totally
> different topics. BTW:

..riiight, we all can agree on that, now try keeep in mind _none_ of us
are IBM, and The SCO Group is still running its 2 yr old Â419 scam in
the 9'th Circuit Court before Judge Kimball in SLC, Utah.  

..I mean, can _you_ disprove TSG's claim "Linus stole UNIX code"?
As in; pay your own pack of law sharks, a court reporter's etc travel
etc expenses to go visit Linus and have him get his lawyer etc to help
his testify under oath "Hell no, I wrote it myself!"?  

.."eh, no?"  Then TSG's claim "Linus stole UNIX code" becomes a 
legally established case law fact.

> 1.) we get around 300 downloads of the Solaris package per _year_,

..yeah, it's "we risk losing" say "300 Solaris people" against "I risk
losing my home" etc on a patent infringement lawsuit from Sun,
AFAICT.  

..in Norway, I'm expected to know all about patents in my field, (which
BTW thank God is thermochemical gasification ;o) ) as the expected 
due diligence, while Americans and software developers do their due 
diligence by _NOT!!!_ knowing _anything_ about patents.  Yeehaw.

> 2.) I expect the sol8 package to run on sol9 and OpenSolaris as well.
> 
> So why should be bother 

..if our sol8 port works for sol9 and sol10 and OpenSolaris, we're home
free, whether or not this continues to be the case, Sun decides.  _If_
they decide to introduce Microsoft-style "DR-DOS errors" against us,
my recommendation is we pull _all_ Solaris support, and go public on
Groklaw and whatever else media is listening, it would also help Sun's
remaining few supporters in the open source world push Sun C-level
staff towards GPL and ditch their their cuddly "TSCOG" CDDL license.

-- 
..med vennlig hilsen = with Kind Regards from Arnt... ;-)
...with a number of polar bear hunters in his ancestry...
  Scenarios always come in sets of three: 
  best case, worst case, and just in case.


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Re: [Flightgear-devel] ..Groklawyers warns GPL developers against Sun's

2005-01-26 Thread Martin Spott
Arnt Karlsen wrote:

> ..this Groklaw thread suggests we cannot do a GPL port to Sun's new
> OpenSolaris, as we risk lawsuits:

No, and the reason is stated here:

>> Because Sun is not opening their patents to the entire open source
>> community under any license, anyone who works on CDDL code and/or
>> reviews the Sun patents is now tainted [...]

"Porting to" OpenSolaris and "working on" OpenSolaris are two totally
different topics. BTW:

1.) we get around 300 downloads of the Solaris package per _year_,
2.) I expect the sol8 package to run on sol9 and OpenSolaris as well.

So why should be bother 

Martin.
-- 
 Unix _IS_ user friendly - it's just selective about who its friends are !
--

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