From: Alexander Terekhov (terekhov_at_[hidden])
Date: 2003-06-26 04:24:25
Beman Dawes wrote:
> At 01:50 PM 6/25/2003, Alexander Terekhov wrote:
> >Beman Dawes wrote:
> >> * Boosters (or their lawyers) from countries other than the US; do they
> >> spot any issues missed by Boost's US-centric legal team?
> >They seem to have missed a whole bunch of issues "surrounding" implied
> >patent license.
> THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
> IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
> FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
> If I understand correctly, "TITLE AND NON-INFRINGEMENT" are basically legal
> code-words which covers a vast range of issues such as ownership, patents,
> trade secrets, etc.
That's a disclaimer basically saying "do your own patent search", etc.
I'm talking about contributions from companies like IBM (my employer)
that do have a whole bunch of patents to worry about... I mean, for
example, enforcement right despite deliberate contribution that would
"infringe" some contributor's patent(s). Consider:
The Patent Issue
- Patents implicitly licensed, to what extent?
- Even worse: what if patents are not licensed?
- GPL and exhaustion of certain exclusive
distribution rights of the patent holder...
- General misperception that relevance only for
the "bad software patents" like Amazon "one-
- Problem of "leak out" of patent licenses
- Reason for "mushrooming" of new licenses like
Mozilla License, IBM licenses, Nokia OpenSource
-- http://europa.eu.int/comm/internal_market/en/indprop/comp/eicta.pdf Uhmm, ... "New SCO Press Release by: martin_lvnv For Immediate Release: SCO has determined through further research that even IBM mainframes use propriety SCO methods and concepts without a license. Since almost all computer software derives from unix, and mainframes use software, we have determined that IBM mainframes use SCO IP. SCO hereby declares them all "illegal" and demands they be unplugged. IBM mainframes use "usernames" and "passwords", concepts that were proprietary to SCO since they were in used the oldest version of SYSV unix. We were surprised to find IBM has been using these concepts without license since before SCO was even incorporated. Misuse dates back to some of IBMs earliest computers in the 1950s. "We knew IBM had been transferring SCO technology from sys V Unix to Linux" stated SCO CEO Daryl MacBride "but we didn't realize they were transferring the technology to MVS, IBMs mainframe operating system too". SCO will be asking for damages going all the way back to the dawn of the computer era in the 1950s. It seems all of IBMs success over the decades has been from stealing SCO IP, so we're going to sue them for every dime they ever made. And then double it for punitive damages. Asked to comment on the new allegations, an IBM spokesman responded "Blow Me". In other news SCO announces the licensing of the "username" and "password" concepts to Microsoft. A Microsoft spokesman admitted: "We thought we stole it from IBM or Apple or acquired in from some company we crushed. As soon as we determined it was SCO's legitimate IP, we licensed these important concepts". Including Microsofts one time license fee of $84 million dollars, SCO announced they turned a small profit this quarter. " -- SCOX board at yahoo
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