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Posted to legal-discuss@apache.org by Lawrence Rosen <lr...@rosenlaw.com> on 2005/07/13 21:18:45 UTC

Apache falls victim to OASIS patent shelter

FYI.... /Larry Rosen

http://blogs.zdnet.com/BTL/?p=1591



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Re: Apache falls victim to OASIS patent shelter

Posted by Paul Libbrecht <pa...@activemath.org>.
Is this really "fall victim" or... "discovers the hole" (the legal one) 
and thus saves the rest of the planet ?

I honestly say that such fights are the proof that real open-source 
software institutions have a lot of political impact on the rest of the 
developers.

Even though it might be GPL-compatible (I don't know), I don't expect 
the FSF, CodeHaus, or any other open-source large body to actually take 
over WS-security now that such a proof has been made...

how wrong am i ?

paul


Le 13 juil. 05, à 21:18, Lawrence Rosen a écrit :

> FYI.... /Larry Rosen
>
> http://blogs.zdnet.com/BTL/?p=1591
>


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Re: Apache falls victim to OASIS patent shelter

Posted by Joel West <sv...@gmail.com>.
On 11:27 PM +0800 7/14/05, Niclas Hedhman doth scribe:
>"This Product is subject to Export Restrictions to countries that;
>
>  *  has Export Restrictions in effect on software and intellectual property.

Depending on the phase of nonproliferation and other geopolitical winds, this could exclude all countries of the former CoCom, i.e. most of NATO.

This could also end up excluding countries with strong domestic lobbies for their cultural industries -- US, France, Canada, ?

>  *  makes reverse-engineering an unlawful act.

AFAIK, this would exclude most developed countries, which have some sort of limits on reverse engineering -- a balanced policy that allows it in some cases but not others (cf. Sega v. Accolade and Atari v. Nintendo).

>  *  allows the Limitation of Freedom to create Intellectual Property, eg.
>     software patents.

This one seems the most winnable, as few countries have gone as far as the US, and relatively centrist experts in the US (e.g. Jaffe & Lerner) are trying to swing the pendulum back.

Joel

-- 
Joel West
Silicon Valley Open Source Research Project	http://www.cob.sjsu.edu/OpenSource/

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Re: Apache falls victim to OASIS patent shelter

Posted by Niclas Hedhman <ni...@hedhman.org>.
On Thursday 14 July 2005 03:18, Lawrence Rosen wrote:
> FYI.... /Larry Rosen
>
> http://blogs.zdnet.com/BTL/?p=1591

What if OpenSource outside the USA, included the following restriction in 
their licenses;

"This Product is subject to Export Restrictions to countries that;

  *  has Export Restrictions in effect on software and intellectual property.

  *  allows the Limitation of Freedom to create Intellectual Property, eg.
     software patents.

  *  makes reverse-engineering an unlawful act.
"


Maybe we should try to get something like that into the GPL. hmmmm...  :o)

What a world that could end up being...

Cheers
Niclas

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