Right. In short, there is no way to "divide the market" when you're
talking about ALv2 licensing. Everybody has equal access to very
permissively-licensed software.

It is not a worry. Move along, please.

Cheers,
-g

On Sun, Jun 5, 2011 at 23:51, Dennis E. Hamilton
<dennis.hamil...@acm.org> wrote:
> The problem here is that Rob and Sam and other well-known employees are being 
> addressed as IBM employees here and even called to account for their 
> employer's behavior and intentions by some of the participants.  I suggest 
> that the best way to deal with those requests is to meet them with silence 
> and those of us who know better should stop asking those questions.
>
> Furthermore, the competition laws that apply to Rob and Sam as IBM employees 
> and their agreements with their employer are not waived by their having a 
> different hat here.  They can't get out of it, just like a priest (or 
> parishioner) can't avoid causing scandal by misbehaving in plain clothes.  
> They can operate as individuals but they must also honor the requirements on 
> their conduct that are a consequence of their employment.
>
> However, this is not a secret conversation and it is not about arrangements 
> to exclude third parties (except the absent elephant that shall not be named, 
> and I don't see how that can happen under a transparent Alv2 setup anyhow -- 
> au contraire).  Furthermore, it is not clear to me that anything that happens 
> here can create a "division of markets."
>
> I think this can be more grounded by talking about specific actions that are 
> called for in finalizing the proposal and in anticipating the essential work 
> for taking over the OpenOffice.org code base, related artifacts, and making 
> them available under ALv2, whether or not we ever make a distribution that is 
> called Apache OpenOffice.org.
>
> I have too many more thoughts, but it is time to take the trash to the curb 
> and then feed the cats.  So you are spared for now [;<).
>
>  - Dennis
>
> -----Original Message-----
> From: Norbert Thiebaud [mailto:nthieb...@gmail.com]
> Sent: Sunday, June 05, 2011 20:31
> To: general@incubator.apache.org
> Subject: Re: Legal concern: Are we getting to close ot a "division of 
> markets" conversation?
>
> [ ... ]
>
> And these law apply to non-for-profit organization ? The Red-Cross and United 
> Way cannot agree to 'Divide Territories' ? They have by law the obligation to 
> 'compete' for the potential recipient of their charity ?
>
> Isn't Apache a non-for-profit ?
>
> If I understand the 'Apache Way', I'd say you are wearing a 'Corporate' hat 
> in this email, not your 'Apache member' hat
>
> Norbert
>
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