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[News] Latest in TurboHercules/Microsoft vs IBM Saga

  • Subject: [News] Latest in TurboHercules/Microsoft vs IBM Saga
  • From: Roy Schestowitz <newsgroups@xxxxxxxxxxxxxxx>
  • Date: Thu, 15 Apr 2010 08:41:19 +0100
  • Followup-to: comp.os.linux.advocacy
  • Newsgroups: comp.os.linux.advocacy
  • User-agent: KNode/4.3.1
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Matt Asay: Completely Wrong on IBM Patents

http://watchingthewatchers.org/indepth/1357474/matt-asay-completely-wrong-ibm-patents

The IBM open source pledge amended

,----[ Quote ]
| The real news is that Eric Raymond agrees 
| with Mueller. The author of The Cathedral 
| and the Bazaar, which did so much to define 
| open source as distinct from Richard 
| Stallmanâs free software ideal, says IBM is 
| digging itself into an ever-deeper 
| rhetorical hole.
`----

http://blogs.zdnet.com/open-source/?p=6223

Turbo tempest over TurboHercules

,----[ Quote ]
| Jones got into this with a long Groklaw post 
| that has 11 updates (so far) acting as 
| exhibits. Itâs the fiercest debate there 
| since the end of the Novell case, which is 
| to say in about two weeks.
| 
| A summary is that TurboHercules started this 
| mess, that IBM has not even filed a case, 
| and that it looks like a shakedown by 
| Herculesâ Roger Bowler and Jay Maynard. 
| (Raymond credits Maynard with bringing him 
| into the case.)
`----

http://blogs.zdnet.com/open-source/?p=6240

IBM and TurboHercules: The Patents, the Pledge and the Blogosphere Brawl

http://www.technewsworld.com/story/69744.html?wlc=1271185115

FOSS Claims of IBM Breaking Promise Seem Mostly Smoke, Little Fire

,----[ Quote ]
| The thing is, Mueller may have jumped the 
| gun on his accusations that Big Blue was 
| giving the finger to the open source 
| community. 
`----

http://www.itworld.com/open-source/104222/foss-claims-ibm-breaking-promise-seem-mostly-smoke-little-fire

Press Release: More Ado About Big Blue and Patents

,----[ Quote ]
| Florian Mueller, Open Source Patent 
| Activist, just released the following 
| information. He believes that patents 
| already used by IBM against TurboHercules 
| are also a threat to other major FOSS 
| projects. He now calls on the community for 
| action.
`----

http://www.daniweb.com/news/story275226.html

EUROPE: Open-source Advocate Enters IBM Antitrust Fray

http://www.corpwatch.org/article.php?id=15564


Recent:

IBM vs. TurboHercules: Our story thus far...

http://www.linux-magazine.com/Online/News/IBM-vs.-TurboHercules-Our-story-thus-far


IBM: Open Sourceâs Friend or Foe?

http://robertogaloppini.net/2010/04/06/ibm-open-sources-friend-or-foe/


IBM says it won't sue to protect open-source patents

http://www.computerworld.com/s/article/9175058/IBM_says_it_won_t_sue_to_protect_open_source_patents_


â When Reptiles Attack: Has IBM Tired Of FOSS?

,----[ Quote ]
| Despite the temptation to believe that some
| companies are unequivocal supporters of
| free and open source software, we should
| never forget that all for-profit companies
| are actually reptiles, acting instinctively
| on behalf of their shareholders and not
| acting on the basis of intellectual or
| philosophical insight. An expression of
| support will inevitably be a statement by a
| group of people within the company,
| motivated by a business activity. It will
| have been made in the context of a set of
| tensions between different priorities and
| with other groups of people in the same
| company. It will be the direction instinct
| has been steered by the availability of
| âfoodâ and the presence of âthreatâ.  Every
| expression of support â or act of
| aggression â needs to be seen in that
| light.
|
| An important part of my job at Sun was to
| monitor actions they took that affected
| communities. I monitored the flow of
| requests to use and release open source
| code, ran the Ombudsman service so that I
| was first to hear of community issues, and
| acted as a (mostly!) âtrusted friendâ to
| Sunâs legal staff prior to any action they
| took. At regular intervals throughout my
| five year tenure, I spoke up for
| communities and ensured that the actions
| taken in Sunâs name were not harmful to a
| community or Sunâs FOSS reputation. On some
| occasions I even had to request executive
| back-up for my position, in effect
| requesting a veto power.
|
| Regardless of the merits of IBMâs case
| against TurboHercules, the fact the
| incident has happened at all is an
| important signal. I canât for a moment
| believe this is the first time since IBMâs
| patent pledge that any part of the company
| has wanted to act against a community
| participant. We can see the tension between
| the statement Dan Frye makes through the
| Linux Foundation and the statement of
| another IBM spokesperson in the WSJ
| attempting to say the Pledge doesnât apply
| to everyone. To hazard a guess, the
| competition is now characterised by Google
| â a huge user of and contributor to open
| source software â instead of IBMâs old
| foes, Microsoft and Solaris.
`----

http://webmink.com/2010/04/08/reptile-attack/


Is IBM splitting hairs with open source?

,----[ Quote ]
| Itâs no secret that Iâm a big Free Software
| fan. Itâs no secret that IBM is a giant
| company with more money than I can possibly
| imagine. So I was pretty happy in 2005 when
| IBM, in an obvious PR stunt to get buddy-
| buddy with the open source community, made
| its Statement of Non-Assertion of Named
| Patents Against OSS, ostensibly saying that
| it would permit open source projects to use
| any of the items covered by those patents
| without risk of penalty or lawsuit. Yay!
| Finally, a BigCo getting it and doing the
| right thing! But five years is a long time,
| people come and go, and promises can be
| forgotten. IBM has lately threatened to sue
| someone for infringement of a lot of IBM
| patents, including at least two that were
| included in the Non-Assertion statement.
|
| [...]
|
| More plausibly, what I think is going on
| here is one of two things. Either the
| lawyers got a little over-excited in
| creating the non-exclusive list of patents
| used to threaten TurboHercules and included
| two patents covered by the Non-Assertion
| statement; or IBM thinks theyâre free to
| sue the company, and not the open source
| project itself, for the patent
| infringement. My guess is itâs the latter.
`----

http://www.crunchgear.com/2010/04/08/is-ibm-splitting-hairs-with-open-source/
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