RE: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Mariano Iglesias
2006 02:47 a.m. Para: cake-php@googlegroups.com Asunto: Re: Legal Concerns Regarding CakePHP and Cake Software Foundation Actually the license is not at issue here. The licenses on most FOSS software normally only cover issues regarding ownership and distriibution of the code, works derived from

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Trevor Burton
@googlegroups.com Asunto: Re: Legal Concerns Regarding CakePHP and Cake Software Foundation Actually the license is not at issue here. The licenses on most FOSS software normally only cover issues regarding ownership and distriibution of the code, works derived from the code, and modifications

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Nimrod A. Abing
On 12/18/06, Mariano Iglesias [EMAIL PROTECTED] wrote: Ok but my point is now more related to the fact that CakePHP founding elements are property of the public domain and knowledge. I agree with you completely on this. But then again I point you to the Eolas and PanIP case. Especially the

RE: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Mariano Iglesias
Concerns Regarding CakePHP and Cake Software Foundation The argument in this thread seems to suggest that if i hold a patent then i can go and accuse anyone i like of infringing it and force them to provide proof that they aren't... as we all know proving a negative can be a somewhat tricky

RE: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Mariano Iglesias
@googlegroups.com [mailto:[EMAIL PROTECTED] En nombre de Nimrod A. Abing Enviado el: Lunes, 18 de Diciembre de 2006 10:43 a.m. Para: cake-php@googlegroups.com Asunto: Re: Legal Concerns Regarding CakePHP and Cake Software Foundation I don't want you or anyone else watching this thread to take

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Nimrod A. Abing
On 12/18/06, Trevor Burton [EMAIL PROTECTED] wrote: where does the burden of proof lie in a US patent case? The proof is already in the hands of the party with the patent grant. A patent grants them exlusive rights to the invention, in a way they own the idea/knowledge for the invention.

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Nimrod A. Abing
On 12/18/06, Mariano Iglesias [EMAIL PROTECTED] wrote: Ok I get your point: for any rule that's out there, there's a way to break it. I can only imagine the unusual stuff that can be patented (I worked in a company that patented a business concept in the US that was just about putting stuff

RE: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Mariano Iglesias
: cake-php@googlegroups.com [mailto:[EMAIL PROTECTED] En nombre de Nimrod A. Abing Enviado el: Lunes, 18 de Diciembre de 2006 11:07 a.m. Para: cake-php@googlegroups.com Asunto: Re: Legal Concerns Regarding CakePHP and Cake Software Foundation As I have said in an earlier post, gwoo has already

RE: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Mariano Iglesias
How are the big players involved in CakePHP? It is not that they are involved or not, but more like the side effect that a legal litigation against CakePHP would have. Those big players would be interested in a positive ruling towards CakePHP because otherwise it would sit a legal precedence

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread MJ Ray
Nimrod A. Abing [EMAIL PROTECTED] wrote: [...] Likewise for me. It is my employer who is having second thoughts about CakePHP. I even intend to use it to replace my aging custom MVC framework. I even work on modifications for CakePHP that makes it easier for me to do migration. I am training

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread [EMAIL PROTECTED]
Don't forget you are at just as great a risk of litigation with the code you write directly for them. If you are in the US, the only way your employer can get a warm and fluffy feeling is to retain the services of a lawyer - . I doubt there is a single line of useful code out there that isn't

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Nimrod A. Abing
On 12/18/06, Mariano Iglesias [EMAIL PROTECTED] wrote: *Ouch* :) I think that as long as the discussion does not fall out of the original intention of the thread, then it is good for the community. Just as you had these questions, and some other questions arouse from the original thread,

RE: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Adrian Godong
PROTECTED] On Behalf Of [EMAIL PROTECTED] Sent: 18 Desember 2006 22:35 To: Cake PHP Subject: Re: Legal Concerns Regarding CakePHP and Cake Software Foundation Don't forget you are at just as great a risk of litigation with the code you write directly for them. If you are in the US, the only way

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Nimrod A. Abing
On 12/19/06, Adrian Godong [EMAIL PROTECTED] wrote: Prof. Lessig has one of those great presentations about copyright vs. Innovation. Try googling it up. I need to dig in several gigs of data to find the link. :D I think this is what you mean:

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-18 Thread Adrian Godong
Not quite exactly, it's this one: http://lessig.org/freeculture/ (open the flash presentation) But he talks quite a lot about free culture, so Nimrod's link is valid as well. (spoiler: it's interesting to see how Disney can become such a large company) On 12/19/06, Nimrod A. Abing [EMAIL

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-17 Thread Felix Geisendörfer
Hey Nimrod, Well I think most of your concerns are related to patent trolls. I doubt the Cake foundation will be able to defend it's users from those, but I also doubt that they'll sue small companies where no big money is to be made. An excellent read on this topic is Paul Grahams: Are

RE: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-17 Thread Mariano Iglesias
Jeez, those are some very insightful questions. A little too legal for my taste, but coming from a country that prepares you to get screwed, I understand where you come from with these concerns. -MI --- Remember, smart

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-17 Thread Nimrod A. Abing
On 12/18/06, Felix Geisendörfer [EMAIL PROTECTED] wrote: Well I think most of your concerns are related to patent trolls. I doubt the Cake foundation will be able to defend it's users from those, but I also doubt that they'll sue small companies where no big money is to be made. An excellent

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-17 Thread Nimrod A. Abing
On 12/18/06, Mariano Iglesias [EMAIL PROTECTED] wrote: Jeez, those are some very insightful questions. A little too legal for my taste, but coming from a country that prepares you to get screwed, I understand where you come from with these concerns. I am not that much worried about legal

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-17 Thread gwoo
Unless a patent already exists for the processes inside of CakePHP, then there will not be a problem going forward. Once the technology is out in the open you cannot go back and patent it. The code itself has all been written by CakePHP team members who have assigned their rights to the

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-17 Thread Nimrod A. Abing
Hello, First of all thank you for taking the time to read my lengthy emails. On 12/18/06, gwoo [EMAIL PROTECTED] wrote: Unless a patent already exists for the processes inside of CakePHP, then there will not be a problem going forward. Once the technology is out in the open you cannot go

RE: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-17 Thread Mariano Iglesias
nombre de Nimrod A. Abing Enviado el: Lunes, 18 de Diciembre de 2006 02:13 a.m. Para: cake-php@googlegroups.com CC: [EMAIL PROTECTED] Asunto: Re: Legal Concerns Regarding CakePHP and Cake Software Foundation Another thing with patents that have prior art, if it gets granted and is used by its owner(s

Re: Legal Concerns Regarding CakePHP and Cake Software Foundation

2006-12-17 Thread Nimrod A. Abing
On 12/18/06, Mariano Iglesias [EMAIL PROTECTED] wrote: I don't understand something. If licenses such as MIT, GPL or something are not protecting you against this kind of attackes, what in the name are the other open source projects doing towards this? It is hard for me to believe that all