On Wed, 19 Oct 2005, Jan-Peter Homann wrote:

Hello list, hello Bob and Marti
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I´m just observing the colormanagement market. Actually littleCMS has grown up to a status, that is comparable or even better than e.g.
- Microsoft ICM
- AppleCMM
- AdobeCMM
- KodakCMM
- EFICMM

It has held this esteemed status for a number of years now.

Now, commercial companies are using it for free, without giving back something to Marti or the open-source community.

Is using Little CMS for free a problem? It is something that the license was recently changed to help support.

While there are commercial companies (mySQL was mentioned, but Alladin Ghostscript, and TrollTech's Qt are other examples) which require licensing their product for commercial use, Little CMS does not appear to follow these money-grubbing principles.

The future of littleCMS is clearly in the hand of Marti, because it is his project, and he wrote more or less 100% of the code. But legal issues can also be important to projects which are using littleCMS.

Legal issues can certainly be important. Let's take care to not exchange one legal issue for another. In order for Marti and Little CMS to be protected by a "foundation" that foundation must be legally incorporated, with a board of directors, quarterly meetings, profit/loss statement, audits, etc., and Marti must sign away ownership of Little CMS to that foundation. By selling Little CMS to the foundation, Marti is no longer responsible for legal issues related to Little CMS except for as pertains to his membership in the foundation. This does not in fact protect users of Little CMS.

5 years later, BEST was selling worldwide the highest quantity of digital proofing solutions. One big issue at BEST was the question, which CMM they should licence, that they are shure, that the owner of the CMM has strong enough patents not to be suited by EFI or others.

Most open source organizations abhor patents. Patents are the bane of open source. While it is true that that the "foundation" could file for many patents (like a large corporation) and have a substantial arsenal of patents by which they could counter-sue (and would also have to sue to protect), it is philosophically contrary to the goals of most open source and public-interest organizations (see http://www.gnu.org/philosophy/fighting-software-patents.html and http://www.eff.org/patent/). It is like an anti-gun organization heavily arming themselves with guns so that it can fight the organizations which are pro-gun.

So legal issues concerning littleCMM are also legal issues for projects, which make use of littleCMS.

Yes, of course. They always will be. As far as patents go there is nothing to be done about that. The most that can be gained by selling Little CMS to an umbrella organization is to ensure that any lawsuits don't impact Marti's pocketbook. However, commercial users of Little CMS are far more at risk than Marti since they are selling a product.

Bob
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Bob Friesenhahn
[EMAIL PROTECTED], http://www.simplesystems.org/users/bfriesen/
GraphicsMagick Maintainer,    http://www.GraphicsMagick.org/

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