Brian Behlendorf <[EMAIL PROTECTED]> writes: > On Thu, 4 Sep 2003, Noel J. Bergman wrote: > > With respect to the mess of software patents, here is an example where > > initially most people laughed, "Ha ha, they f----ed Microsoft!", until it > > slowly began to dawn on people that this is a huge problem.
> Is there any indication yet that Eolas intends to enforce this > patent on any open source or free software projects? Mike Doyle is active in the Tcl comunity - http://mini.net/tcl/212 He has a few things to say here: http://www.pbs.org/cringely/pulpit/pulpit20021107.html "It would sure be nice for someone to actually consider all of this from our point of view, rather than MS's," wrote Doyle in a recent message to me. "It amazes me that everyone just assumes that MS will be able to merely write a check and make the whole thing go away. What if someone went through the following, purely theoretical, of course ;-), logical analysis?" "Is there any practical settlement amount that is worth more to Eolas than a victory at trial? Considering the facts in the case and the magnitude of the stakes here, a highly likely outcome is that it will actually go to trial, and, once it does, that a jury will award us both damages and an injunction. Injunction is the key word here. That is what patent rights provide: the power to exclude. What if we were to just say no? Or, what if some other big player were to acquire or merge with us? What if only one best-of-breed browser could run embedded plug-ins, applets, ActiveX controls, or anything like them, and it wasn't IE? How competitive would the other browsers be without those capabilities? How would that change the current dynamics in the Industry?" "One possible scenario is that Eolas would have the power necessary to re-establish the browser-as-application-platform as a viable competitor to Windows. That would be an interesting outcome, wouldn't it? How much would that be worth? The Web-OS concept, where the browser is the interface to all interactive apps on the client side, was always a killer idea. It still is. It lost momentum not because it wasn't economically or technically feasible, but because MS made it unlikely for anybody but them to make money on the Web-client side. Therefore, nobody could justify the necessary investment to take a really-serious shot at it. It doesn't have to be that way, does it? Just think of how we could use this patent to re-invigorate and expand the competitive landscape in this recently-moribund industry. What if we could do what the DOJ couldn't, and in the process make Eolas and everybody else, possibly excluding MS, richer? Wouldn't Eolas stand to profit more in such a scenario than any kind of pre-trial settlement could provide? Wouldn't everybody else?" "The last couple of years in IT seem to have convinced people that the current status quo will continue indefinitely. They seem to have forgotten what seemed so obvious as little as three years ago, that change is the only invariance. That axiom has always proven out in the past, and I'm certain it will continue to do so in the future." It doesn't sound like the sky is about to fall down in this particular case. -- David N. Welton Consulting: http://www.dedasys.com/ Personal: http://www.dedasys.com/davidw/ Free Software: http://www.dedasys.com/freesoftware/ Apache Tcl: http://tcl.apache.org/ --------------------------------------------------------------------- To unsubscribe, e-mail: [EMAIL PROTECTED] For additional commands, e-mail: [EMAIL PROTECTED]
