Re: [VOTE] Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-23 Thread Sam Ruby
On Wed, Apr 23, 2008 at 6:15 PM, David Fisher <[EMAIL PROTECTED]> wrote: > Hi Sam, > > On Apr 23, 2008, at 4:39 PM, Sam Ruby wrote: > > > On Wed, Apr 23, 2008 at 1:53 PM, David Fisher <[EMAIL PROTECTED]> > wrote: > > > > > Hi Sam, > > > > > > On Apr 22, 2008, at 5:03 PM, Sam Ruby wrote: > > > > >

Re: [VOTE] Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-23 Thread David Fisher
Hi Sam, On Apr 23, 2008, at 4:39 PM, Sam Ruby wrote: On Wed, Apr 23, 2008 at 1:53 PM, David Fisher <[EMAIL PROTECTED]> wrote: Hi Sam, On Apr 22, 2008, at 5:03 PM, Sam Ruby wrote: While I, too, can't speak FOR Microsoft, I am quite willing to speak WITH Microsoft. Particularly if the reque

Re: [VOTE] Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-23 Thread Sam Ruby
On Wed, Apr 23, 2008 at 1:53 PM, David Fisher <[EMAIL PROTECTED]> wrote: > Hi Sam, > > On Apr 22, 2008, at 5:03 PM, Sam Ruby wrote: > > > While I, too, can't speak FOR Microsoft, I am quite willing to speak > > WITH Microsoft. Particularly if the request was modestly scoped, and > > if doing so w

[VOTE] Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-23 Thread David Fisher
Hi Sam, On Apr 22, 2008, at 5:03 PM, Sam Ruby wrote: While I, too, can't speak FOR Microsoft, I am quite willing to speak WITH Microsoft. Particularly if the request was modestly scoped, and if doing so would sort the issue right from the start. It looks like someone from Microsoft has shown

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Andrew C. Oliver
Sam Ruby wrote: On Tue, Apr 22, 2008 at 5:54 PM, Gianugo Rabellino <[EMAIL PROTECTED]> wrote: On Apr 22, 2008, at 11:45 PM, Sam Ruby wrote: On Tue, Apr 22, 2008 at 5:14 PM, Gianugo Rabellino <[EMAIL PROTECTED]> wrote: On Apr 22, 2008, at 10:44 PM, Sam Ruby wrote: Just so it is clear: I am

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Andrew C. Oliver
David Fisher wrote: On Apr 22, 2008, at 4:14 PM, Gianugo Rabellino wrote: On Apr 22, 2008, at 10:44 PM, Sam Ruby wrote: This is in contrast to the apparent message from the ASF that nothing is required because SourceSense has already asserted the rights via their CCLA. In which case the

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Andrew C. Oliver
Gianugo Rabellino wrote: Just so it is clear: I am comfortable with POI proceeding if everybody understands that in the event that patent threats surface that I will be advocating that the affected code be remedied and/or jettisoned. I am also comfortable with assisting Andy with his efforts t

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Andrew C. Oliver
Sam Ruby wrote: There are cases where we need nothing more than the Apache License, Version 2.0. There are cases where we require an ICLA in addition to the Apache License. Similarly there are cases where a CCLA is warranted in addtion to an ICLA. In this case, Andy feels that we need somethin

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Gianugo Rabellino
On Apr 23, 2008, at 12:03 AM, Sam Ruby wrote: On Tue, Apr 22, 2008 at 5:54 PM, Gianugo Rabellino <[EMAIL PROTECTED]> wrote: On Apr 22, 2008, at 11:45 PM, Sam Ruby wrote: On Tue, Apr 22, 2008 at 5:14 PM, Gianugo Rabellino <[EMAIL PROTECTED]> wrote: On Apr 22, 2008, at 10:44 PM, Sam

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Sam Ruby
On Tue, Apr 22, 2008 at 5:54 PM, Gianugo Rabellino <[EMAIL PROTECTED]> wrote: > > On Apr 22, 2008, at 11:45 PM, Sam Ruby wrote: > > > > > On Tue, Apr 22, 2008 at 5:14 PM, Gianugo Rabellino <[EMAIL PROTECTED]> > wrote: > > > > > > > > On Apr 22, 2008, at 10:44 PM, Sam Ruby wrote: > > > > Just so i

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread David Fisher
On Apr 22, 2008, at 4:14 PM, Gianugo Rabellino wrote: On Apr 22, 2008, at 10:44 PM, Sam Ruby wrote: "not considered (legally) with merit" is perhaps overstating it. One of the questions I specifically asked on legal-internal "Are there additional agreements that we should be pursuing with M

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Gianugo Rabellino
On Apr 22, 2008, at 11:45 PM, Sam Ruby wrote: On Tue, Apr 22, 2008 at 5:14 PM, Gianugo Rabellino <[EMAIL PROTECTED]> wrote: On Apr 22, 2008, at 10:44 PM, Sam Ruby wrote: Just so it is clear: I am comfortable with POI proceeding if everybody understands that in the event that patent threat

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Sam Ruby
On Tue, Apr 22, 2008 at 5:14 PM, Gianugo Rabellino <[EMAIL PROTECTED]> wrote: > > On Apr 22, 2008, at 10:44 PM, Sam Ruby wrote: > > > "not considered (legally) with merit" is perhaps overstating it. One > > of the questions I specifically asked on legal-internal "Are there > > additional agreemen

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Gianugo Rabellino
On Apr 22, 2008, at 10:44 PM, Sam Ruby wrote: "not considered (legally) with merit" is perhaps overstating it. One of the questions I specifically asked on legal-internal "Are there additional agreements that we should be pursuing with Microsoft at this time?". I did not hear any objections a

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Sam Ruby
On Tue, Apr 22, 2008 at 3:38 PM, Jim Jagielski <[EMAIL PROTECTED]> wrote: > > On Apr 22, 2008, at 3:29 PM, Sam Ruby wrote: > > > On Tue, Apr 22, 2008 at 3:14 PM, David Fisher <[EMAIL PROTECTED]> > wrote: > > > > > It seems to be on this same exact point. if I understand Roy correctly > > > nothing

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Jim Jagielski
On Apr 22, 2008, at 3:29 PM, Sam Ruby wrote: On Tue, Apr 22, 2008 at 3:14 PM, David Fisher <[EMAIL PROTECTED]> wrote: It seems to be on this same exact point. if I understand Roy correctly nothing needs to be done. Given Gianugo Rabellino's representations, Microsoft is bound and we are s

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Sam Ruby
On Tue, Apr 22, 2008 at 3:14 PM, David Fisher <[EMAIL PROTECTED]> wrote: > Hi Sam, > > So where are we? > > > While Andy and I did not discuss this next part directly, it occurred > > to me on the drive back home that what Andy is expressing is a desire > > for something like we have with the curr

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread David Fisher
Hi Sam, So where are we? While Andy and I did not discuss this next part directly, it occurred to me on the drive back home that what Andy is expressing is a desire for something like we have with the current ICLA/CCLA split. The ASF requires ICLAs in all circumstances, and encourages (via sec

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-22 Thread Sam Ruby
On Thu, Apr 17, 2008 at 10:22 PM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > Sam Ruby wrote: > > > > 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 f

Re: Call for temporary cease fire (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-21 Thread David Fisher
Hi - Yes, a calm weekend. I checked with the SpamAssassin and JAMES projects and they have not really looked into the OSP. SpamAssassin does not care about Sender ID, it's obsolete. JAMES thought that the OSP was an indication that MSFT has come along, but it was a first look, nothing off

Re: Call for temporary cease file (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-18 Thread Nick Burch
On Fri, 18 Apr 2008, Sam Ruby wrote: > Discussion here seems to have calmed down. Discussion has begun on > legal-internal. I have plans to enjoy Indian cuisine with Andy on > Tuesday. All sounds very promising to me. Alas I'm on the wrong side of the Atlantic to join you on Tuesday, but I will

Call for temporary cease file (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-18 Thread Sam Ruby
On Thu, Apr 17, 2008 at 10:22 PM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > > It isn't a deadline, it was a "if you're going to blow me off then I'm > going to push this to the natural conclusion as quickly as possible because > I have a lot of work to do, this came at a bad time for me, and w

Re: [OT} Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Andrew C. Oliver
You're oversimplifying my oversimplification responding to sam's oversimplification. Which is why discussing feelings in email is not a good idea (50/50 heads/tails). David, I am sorry about your father. You have my condolences. We're NOT saving the world, it is a totally legit reason to si

Re: [OT} Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread David Fisher
Hi Andy, I apologize, but this was not the best week for me for you to decide to "go nuclear". I buried my father on Tuesday, get it, this has been a distraction. I've done well to stay as positive as I have. I really don't want to whine, but if your response is to indicate that you went

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Andrew C. Oliver
Sam Ruby wrote: On Thu, Apr 17, 2008 at 2:24 PM, David Fisher <[EMAIL PROTECTED]> wrote: On Apr 17, 2008, at 12:17 PM, Sam Ruby wrote: 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 t

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Andrew C. Oliver
David Fisher wrote: Hi Sam, I hesitate to respond, but only because I think that it fosters too many multiple responses by Andy, and that these confuse the issue. Okay but thats really unfair: If I say "ask me laster" or don't respond quickly then I'm @#$!@ and if I respond to each I'm [E

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Andrew C. Oliver
Sam Ruby wrote: On Thu, Apr 17, 2008 at 11:55 AM, David Fisher <[EMAIL PROTECTED]> wrote: 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 th

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Andrew C. Oliver
Again positive. Discussions with counsel are not what I was referring to. However I think you are overly conservative on "pony" and David was overly liberal (patent list isn't necessarily feasible for instance) in places. -andy Sam Ruby wrote: On Thu, Apr 17, 2008 at 10:55 AM, David Fisher

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Andrew C. Oliver
David Fisher wrote: Hi Andy, Onto a constructive path: THANK YOU THIS is the email I was hoping for. Let's see if we can move the strategy. I think that we should request a few clarifications of the OSP, given our understanding of the following five points. (1) The partial implementat

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Andrew C. Oliver
Sam Ruby wrote: On Thu, Apr 17, 2008 at 8:17 AM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: The OSP probably offers no coverage. Even sam said something along the lines that it is at best helpful and probably "harmless". Please make the effort to quote me correctly. Some facts to consider

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Andrew C. Oliver
Nick Burch wrote: Just a thought - does anyone have a contact with Microsoft legal / with an organisation that has contacts with Microsoft legal? While I am personally happy with using the OSP for a partial and possibly buggy implementation, I can see that Andy isn't. If we could get Micro

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread David Fisher
Hi Sam, On Apr 17, 2008, at 4:59 PM, Sam Ruby wrote: On Thu, Apr 17, 2008 at 5:16 PM, David Fisher <[EMAIL PROTECTED]> wrote: On Apr 17, 2008, at 3:54 PM, Sam Ruby wrote: On Thu, Apr 17, 2008 at 4:30 PM, David Fisher <[EMAIL PROTECTED] > wrote: I tried to look to see what SpamAssasin an

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Sam Ruby
On Thu, Apr 17, 2008 at 5:16 PM, David Fisher <[EMAIL PROTECTED]> wrote: > > On Apr 17, 2008, at 3:54 PM, Sam Ruby wrote: > > > On Thu, Apr 17, 2008 at 4:30 PM, David Fisher <[EMAIL PROTECTED]> > wrote: > > > > > I tried to look to see what SpamAssasin and JAMES projects have to say > > > about S

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread David Fisher
Hi Sam, On Apr 17, 2008, at 3:54 PM, Sam Ruby wrote: On Thu, Apr 17, 2008 at 4:30 PM, David Fisher <[EMAIL PROTECTED]> wrote: I can also point at sender-id where we took a similar stance with sender-id: http://www.apache.org/foundation/docs/sender-id-position.html Now it *IS* worth noting

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Sam Ruby
On Thu, Apr 17, 2008 at 4:30 PM, David Fisher <[EMAIL PROTECTED]> wrote: > > I can also point at sender-id > > where we took a similar stance with sender-id: > > > > http://www.apache.org/foundation/docs/sender-id-position.html > > Now it *IS* worth noting that "Sender ID" is part of OSP. So the

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread David Fisher
Hi Sam, On Apr 17, 2008, at 2:14 PM, Sam Ruby wrote: On Thu, Apr 17, 2008 at 2:24 PM, David Fisher <[EMAIL PROTECTED]> wrote: On Apr 17, 2008, at 12:17 PM, Sam Ruby wrote: We have a very high profile and ongoing dispute with another vendor on similar matters. If nothing else, it should s

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Sam Ruby
On Thu, Apr 17, 2008 at 2:24 PM, David Fisher <[EMAIL PROTECTED]> wrote: > On Apr 17, 2008, at 12:17 PM, Sam Ruby wrote: > > > 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

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread David Fisher
Hi Sam, I hesitate to respond, but only because I think that it fosters too many multiple responses by Andy, and that these confuse the issue. On Apr 17, 2008, at 12:17 PM, Sam Ruby wrote: On Thu, Apr 17, 2008 at 11:55 AM, David Fisher <[EMAIL PROTECTED]> wrote: What do you consider the

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Sam Ruby
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 h

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread David Fisher
Hi Sam, On Apr 17, 2008, at 10:21 AM, Sam Ruby wrote: On Thu, Apr 17, 2008 at 10:55 AM, David Fisher <[EMAIL PROTECTED]> wrote: Myself, I would ask Sam to informally discuss these requests as "issues" and see what their counsel suggests My plans would be to discuss it with our counsel r

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Sam Ruby
On Thu, Apr 17, 2008 at 10:55 AM, David Fisher <[EMAIL PROTECTED]> wrote: > > Myself, I would ask Sam to informally discuss these requests as "issues" > and see what their counsel suggests My plans would be to discuss it with our counsel resources first. And just as a fore-warning, such discussi

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread David Fisher
Hi Andy, Onto a constructive path: On Apr 17, 2008, at 8:30 AM, Sam Ruby wrote: 2008/4/17 Nick Burch <[EMAIL PROTECTED]>: On Thu, 17 Apr 2008, Andrew C. Oliver wrote: Just a thought - does anyone have a contact with Microsoft legal / with an organisation that has contacts with Microsoft l

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Sam Ruby
2008/4/17 Nick Burch <[EMAIL PROTECTED]>: > On Thu, 17 Apr 2008, Andrew C. Oliver wrote: > > Just a thought - does anyone have a contact with Microsoft legal / with an > organisation that has contacts with Microsoft legal? I am confident that I could contact them quickly. I have yet to do so. A

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Sam Ruby
On Thu, Apr 17, 2008 at 8:17 AM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > > The OSP probably offers no coverage. Even sam said something along the > lines that it is at best helpful and probably "harmless". Please make the effort to quote me correctly. > > Some facts to consider: I've neve

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread David Fisher
Hi Andy, Perhaps we should examine why Microsoft was willing to make the OSP, they were willing to do so because it was to their advantage. Why was it to there advantage? Because they have been forces to agree to pay large fines by the European Union through anti-trust measures. Using the

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Nick Burch
On Thu, 17 Apr 2008, Andrew C. Oliver wrote: in the community that the OSP is "good enough" protection. There are That is not true either and you missed the doc that Nick posted that explains the problem from a legalistic point of view around "conforms". I've just noticed one interesting thi

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Andrew C. Oliver
Ryan Ackley wrote: Andy, From my point-of-view you are pretty much asking for nothing less than Microsoft to go beyond the OSP for POI. Correct? Actually not exactly (a patent grant for POI and its derivatives) or to fix the OSP to clarify conformance especially "best effort" conformance

Re: List of Patents required to implement OOXML (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-17 Thread Andrew C. Oliver
Sam Ruby wrote: On Wed, Apr 16, 2008 at 9:14 AM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: You seem to want to act with undo haste to remove code that was committed previously but plea that it takes time to justify why that is the case. I merely suggest that these two activities proceed in

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-17 Thread Andrew C. Oliver
Nick Burch wrote: Does that make sense? If we got a ccla from Microsoft tomorrow, it wouldn't make any difference to POI, as Microsoft don't own the copyright on any contributions to POI, so there will be no patent grants. In order to get patent grants under the ccla, we'd need Microsoft to

Re: List of Patents required to implement OOXML (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-17 Thread ugo.cei
On Apr 16, 2008, at 3:14 PM, Andrew C. Oliver wrote: I hold the patents are sufficient to justify it. My -1 holds, if the commits aren't reverted, I will revert them. So you will need to revoke my commit privs to prevent that. And you will also revert Nick's (and possibly others') commi

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-16 Thread Ryan Ackley
Andy, >From my point-of-view you are pretty much asking for nothing less than Microsoft to go beyond the OSP for POI. Correct? >From a practical standpoint you're asking for Microsoft to re-write the OSP to your satisfaction. Because If they do it for Apache it would pretty much apply to everyone

Re: List of Patents required to implement OOXML (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-16 Thread Sam Ruby
On Wed, Apr 16, 2008 at 9:14 AM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > > Sam Ruby wrote: > > > On Wed, Apr 16, 2008 at 8:40 AM, Andrew C. Oliver <[EMAIL PROTECTED]> > wrote: > > > > > Wow. I complied with your request to explain patents that OOXML is > > > encumbered with and you're going

Re: List of Patents required to implement OOXML (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-16 Thread Andrew C. Oliver
Sam Ruby wrote: On Wed, Apr 16, 2008 at 8:40 AM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: Wow. I complied with your request to explain patents that OOXML is encumbered with and you're going to completely disregard them! Okay my -1 stands, I will revert the commits at the end of the week. Y

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-16 Thread Nick Burch
On Wed, 16 Apr 2008, Andrew C. Oliver wrote: I totally don't get the CLA-C argument. It's a bit subtle, and it took me a little while to understand :) Let us imagine that Acme Corp holds three patents, patent A, patent B and patent C. Acme Corp has a ccla on file, as does its sole employee,

Re: List of Patents required to implement OOXML (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-16 Thread Nick Burch
On Wed, 16 Apr 2008, Andrew C. Oliver wrote: Okay my -1 stands, I will revert the commits at the end of the week. Alas I'm pretty sure that's not how code vetos work. If you object to some code, you need to do so shortly after it is committed. Several months later is unfortunately too late.

Re: List of Patents required to implement OOXML (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-16 Thread Andrew C. Oliver
Secondly, regardless of what you think you requested. The patents cited justify my -1. Sam Ruby wrote: On Wed, Apr 16, 2008 at 2:06 AM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: PART I: Per Sam's request, Patents that justify my -1: *snip* I do *not* believe that this is what I requested

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-16 Thread Andrew C. Oliver
I totally don't get the CLA-C argument. Corporations ALWAYS donate through third parties (ala employees or otherwise), this changes nothing in my mind. The copyright holder somehow giving patent grants I could get. I don't want to have the long motivation discussion because I don't want to

Re: List of Patents required to implement OOXML (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-16 Thread Sam Ruby
On Wed, Apr 16, 2008 at 8:40 AM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > Wow. I complied with your request to explain patents that OOXML is > encumbered with and you're going to completely disregard them! Okay my -1 > stands, I will revert the commits at the end of the week. You will now h

Re: List of Patents required to implement OOXML (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-16 Thread Andrew C. Oliver
Wow. I complied with your request to explain patents that OOXML is encumbered with and you're going to completely disregard them! Okay my -1 stands, I will revert the commits at the end of the week. You will now have to revoke my commit privs to prevent that from happening. No matter WHAT I

Re: List of Patents required to implement OOXML (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-16 Thread Sam Ruby
On Wed, Apr 16, 2008 at 2:06 AM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > PART I: > Per Sam's request, Patents that justify my -1: *snip* I do *not* believe that this is what I requested. But as you seem to be consistently misinterpreting the requests of myself and others, and furthermore s

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-16 Thread Sam Ruby
On Wed, Apr 16, 2008 at 4:22 AM, Gianugo Rabellino <[EMAIL PROTECTED]> wrote: > > My turn not to understand: you keep talking about a unique situation with a > patent holder contributing via a third party. Why is that? What's so > specific? What would the difference be if it was any other company

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-16 Thread Gianugo Rabellino
On Apr 16, 2008, at 3:16 AM, Andrew C. Oliver wrote: Gianugo Rabellino wrote: On Apr 16, 2008, at 1:16 AM, Andrew C. Oliver wrote: GR has noted that he is working to get them to sign a CLA-C among other things, this would really make the discussion moot. No, I didn't say that. What I said wa

List of Patents required to implement OOXML (was: Rejection of any ENCUMBERED Microsoft Donation to POI)

2008-04-15 Thread Andrew C. Oliver
PART I: Per Sam's request, Patents that justify my -1: http://www.freepatentsonline.com/7257772.html?highlight=microsoft,xml,document&stemming=on - required to be implemented for OOXML (example http://software.topcoder.com/catalog/document?id=26831061) http://www.freepatentsonline.com/7359902.h

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-15 Thread Sam Ruby
On Tue, Apr 15, 2008 at 9:41 PM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > > > Meanwhile, you have expressed a -1 and can not provide a specific > > reason to back it up. I would strongly suggest that the appropriate > > time to bring up such an objection is when you have the data to back > >

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-15 Thread Andrew C. Oliver
Meanwhile, you have expressed a -1 and can not provide a specific reason to back it up. I would strongly suggest that the appropriate time to bring up such an objection is when you have the data to back it up. Feel free to say "I told you so" at that time. I do have part of the data and am

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-15 Thread Andrew C. Oliver
Gianugo Rabellino wrote: On Apr 16, 2008, at 1:16 AM, Andrew C. Oliver wrote: GR has noted that he is working to get them to sign a CLA-C among other things, this would really make the discussion moot. No, I didn't say that. What I said was that I have no idea of what Microsoft might or mig

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-15 Thread Sam Ruby
On Tue, Apr 15, 2008 at 7:16 PM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > > There are reasons to > believe that Microsoft has filed and intends to file patents regarding > OOXML. We're still looking for specific references on them. When you find them, let us know. If and when you find a val

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-15 Thread Gianugo Rabellino
On Apr 16, 2008, at 1:16 AM, Andrew C. Oliver wrote: GR has noted that he is working to get them to sign a CLA-C among other things, this would really make the discussion moot. No, I didn't say that. What I said was that I have no idea of what Microsoft might or might not want to do with r

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-15 Thread Andrew C. Oliver
Given that POI is CURRENTLY open source, how EXACTLY does a document which grants us (a possibly empty set of) ADDITIONAL rights make it any less so? - Sam Ruby - To unsubscribe, e-mail: [EMAIL PROTECTED] For additional command

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-15 Thread Sam Ruby
On Mon, Apr 14, 2008 at 10:21 PM, Sam Ruby <[EMAIL PROTECTED]> wrote: > On Mon, Apr 14, 2008 at 10:15 PM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > > > > There is still an issue we need to resolve. Microsoft signing the CLA-C, > > appropriately clarifying the OSP, or developing a standard

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-14 Thread Sam Ruby
On Mon, Apr 14, 2008 at 10:15 PM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > > There is still an issue we need to resolve. Microsoft signing the CLA-C, > appropriately clarifying the OSP, or developing a standard for judging > "conformance" (which should extend to running POI on devices where

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-14 Thread Andrew C. Oliver
First, thank you nick for the most productive piece of this thread. This is a neutral authoritative disinterested legal analysis. > Section 3.2 in particular is worth a read, since it does appear to > clarify that there is a non-discriminatory, free of charge license on > all the Microsoft paten

Re: [Fwd: Re: Rejection of any ENCUMBERED Microsoft Donation to POI]

2008-04-14 Thread Sam Ruby
On Mon, Apr 14, 2008 at 9:19 PM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > > Sam Ruby wrote: > > > On Mon, 14 Apr 2008 09:52:07 AM, Andrew C. Oliver" <[EMAIL PROTECTED]> > wrote: > > > > > That thread is insufficient. I'm still -1 on the commit. Get explicit > clarification on the OSP from a

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-14 Thread Andrew C. Oliver
I will answer you, but I want to limit the scope of the thread and discussion so please ask me later, not now. -Andy Jukka Zitting wrote: Hi, On Mon, Apr 14, 2008 at 4:48 PM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: Ask me later. I'm just trying to understand whether your gripe is about

Re: [Fwd: Re: Rejection of any ENCUMBERED Microsoft Donation to POI]

2008-04-14 Thread Andrew C. Oliver
Sam Ruby wrote: On Mon, 14 Apr 2008 09:52:07 AM, Andrew C. Oliver" <[EMAIL PROTECTED]> wrote: That thread is insufficient. I'm still -1 on the commit. Get explicit clarification on the OSP from an actual lawyer or Microsoft. I support you having believes and practicing them, so long as the

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-14 Thread Andrew C. Oliver
Thanks Nick. I'm reading this. This looks very helpful. To others: For me at least the font was really bad (maybe it doesn't embed the font in the PDF and it is picking an unfortunate font on Ubuntu?), if you paste the link into google it converts it to html and uses a nicer font. Nick Burc

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-14 Thread Nick Burch
On Mon, 14 Apr 2008, Andrew C. Oliver wrote: Get explicit clarification on the OSP from an actual lawyer or Microsoft. Baker & McKenize, who are a top IP law firm, have actually produced such a report/clarification on the OSP: http://www.bakernet.com/NR/rdonlyres/EEE2F422-F747-42CA-9DAA-E72F7

Re: [Fwd: Re: Rejection of any ENCUMBERED Microsoft Donation to POI]

2008-04-14 Thread Sam Ruby
On Mon, 14 Apr 2008 09:52:07 AM, Andrew C. Oliver" <[EMAIL PROTECTED]> wrote: > > That thread is insufficient. I'm still -1 on the commit. Get explicit > clarification on the OSP from an actual lawyer or Microsoft. I support you > having believes and practicing them, so long as they don't end

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-14 Thread Jukka Zitting
Hi, On Mon, Apr 14, 2008 at 4:48 PM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > Ask me later. I'm just trying to understand whether your gripe is about a) Microsoft having patents on OOXML or about b) Microsoft funding Sourcesence to work on it. Case a) is probably true for all of POI and the

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-14 Thread Andrew C. Oliver
Gianugo Rabellino wrote: On Apr 13, 2008, at 4:23 PM, Andrew C. Oliver wrote: I'm happy to (re)state this. Sourcesense owns the copyright to their contribution to the OOXML branch of POI. On that point but not the patent. Good, at least that's a step forward. Would that be enough? R

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-14 Thread Andrew C. Oliver
Ask me later. Jukka Zitting wrote: Hi, On Sun, Apr 13, 2008 at 5:23 PM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: Resolve the patent issue and it will be. Would you also veto commits from anyone else working on OOXML? BR, Jukka Zitting --

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-13 Thread Gianugo Rabellino
On Apr 13, 2008, at 4:23 PM, Andrew C. Oliver wrote: I'm happy to (re)state this. Sourcesense owns the copyright to their contribution to the OOXML branch of POI. On that point but not the patent. Good, at least that's a step forward. Would that be enough? Resolve the patent issue a

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-13 Thread Jukka Zitting
Hi, On Sun, Apr 13, 2008 at 5:23 PM, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > Resolve the patent issue and it will be. Would you also veto commits from anyone else working on OOXML? BR, Jukka Zitting - To unsubscribe, e-

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-13 Thread Andrew C. Oliver
I'm happy to (re)state this. Sourcesense owns the copyright to their contribution to the OOXML branch of POI. On that point but not the patent. Would that be enough? Resolve the patent issue and it will be. Ciao, -- Buni Meldware Communication Suite http://buni.org Multi-platform

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-13 Thread Gianugo Rabellino
Andy, in a rush today, so anything more than a couple of lines will have to wait 'til I've landed, but: On Apr 13, 2008, at 3:45 AM, Andrew C. Oliver wrote: Gianugo Rabellino wrote: As all things legal with software, we are faced with two potential issues here: one is copyright (that is

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-12 Thread Andrew C. Oliver
Gianugo Rabellino wrote: Andy, to be honest, I find very hard to have a discussion with someone who doesn't want to listen and keeps ignoring my contributions. Pardon me If I did, I did not do it intentionally for taking it personally when you not only ignore what I'm saying, but keep on

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-12 Thread Gianugo Rabellino
On Apr 13, 2008, at 1:04 AM, Andrew C. Oliver wrote: > As the guy who sits on the Advisory Committee, I think it's important > to point out that I had no input on the blog post in question, I was > not even aware that it was being written until after it was published, > and I doubt very much

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-12 Thread Andrew C. Oliver
> As the guy who sits on the Advisory Committee, I think it's important > to point out that I had no input on the blog post in question, I was > not even aware that it was being written until after it was published, > and I doubt very much I could exert any kind of editorial influence > over the a

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-12 Thread Andrew Savory
Hi, On 12/04/2008, Andrew C. Oliver <[EMAIL PROTECTED]> wrote: > The key part of this blog "Notice: Sourcesense have provided speakers for > OSS Watch events in the past, and a member of Sourcesense sits on our > Advisory Committee." As the guy who sits on the Advisory Committee, I think it's i

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-11 Thread Andrew C. Oliver
Nick, The key part of this blog "Notice: Sourcesense have provided speakers for OSS Watch events in the past, and a member of Sourcesense sits on our Advisory Committee." Okay so it is attack of the surrogates talking AT us instead of TO us (which is sad really). Microsoft chooses to engage

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-10 Thread Nick Burch
On Wed, 9 Apr 2008 [EMAIL PROTECTED] wrote: > Ooxml is a published "spec" in the process of becoming an ISO standard. OSS watch have been looking into the ooxml patent issues, specifically for POI. Their conclusion is that we're already covered by the OSP patent grant, and that most of the apparen

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-09 Thread dfisher
:44:48 To:POI Developers List Subject: Re: Rejection of any ENCUMBERED Microsoft Donation to POI Right but the result won't be open source. The patent holder is using a third party to implement its patent and will be free to require the end-users to purchase licenses. After the patent hold

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-08 Thread Andrew C. Oliver
Right but the result won't be open source. The patent holder is using a third party to implement its patent and will be free to require the end-users to purchase licenses. After the patent holder that is hiring a third party to implement its patent which it will then potentially require non-O

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-06 Thread Gianugo Rabellino
On Apr 1, 2008, at 4:02 PM, Andrew C. Oliver wrote: So the article is wrong? Microsoft is NOT *paying* source sense to do this? That's not the point. The point is whose copyright is the software being developed. And it is not Microsoft's, it's Sourcesense's, who then licenses to Apache v

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-04-04 Thread Andrew C. Oliver
So the article is wrong? Microsoft is NOT *paying* source sense to do this? Nick Burch wrote: On Mon, 31 Mar 2008, Andrew C. Oliver wrote: Your word has nothing to do with it. Work for hire by a software patent holder in the area of the work for hire. But sourcesense didn't do their part o

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-03-31 Thread Nick Burch
On Mon, 31 Mar 2008, Andrew C. Oliver wrote: Your word has nothing to do with it. Work for hire by a software patent holder in the area of the work for hire. But sourcesense didn't do their part of the ooxml support as work-for-hire though... Nick ---

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-03-30 Thread Andrew C. Oliver
Oh I'm sorry I guess I didn't make it clear. Simply have the patent holder which has hired you to contribute the work (Microsoft) submit a CLA-C regarding the work. Very simple. Since they wish to see this go forward, they should have no problem doing sounless they wish to force users of

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-03-28 Thread Gianugo Rabellino
On Mar 28, 2008, at 2:30 PM, Andrew C. Oliver wrote: Gianugo Rabellino wrote: On Mar 27, 2008, at 10:36 PM, Andrew C. Oliver wrote: That would be acceptable so long as it is true. Please help a non-native English speaker in not taking offense at this. Ciao, I meant no offense. What I si

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-03-28 Thread Andrew C. Oliver
Gianugo Rabellino wrote: On Mar 27, 2008, at 10:36 PM, Andrew C. Oliver wrote: That would be acceptable so long as it is true. Please help a non-native English speaker in not taking offense at this. Ciao, I meant no offense. What I simply mean is that it is not acceptable for a patent

Re: Rejection of any ENCUMBERED Microsoft Donation to POI

2008-03-28 Thread Andrew C. Oliver
Gianugo Rabellino wrote: On Mar 27, 2008, at 10:36 PM, Andrew C. Oliver wrote: That would be acceptable so long as it is true. Please help a non-native English speaker in not taking offense at this. Ciao, I meant no offense. What I simply mean is that it is not acceptable for a patent

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