CeeJay Tigerpaw squeaks up:

I think there is rather a meta issue here which should be articulated again 
clearly, before the meeting, that has to do with the interaction between 
substantial established businesses and the open-source/third-party-developer 
community.   Let me see if I can describe it.

It is common for substantial established businesses -- such as Linden 
Laboratories -- to use legal agreements of various kinds to attempt to protect 
themselves from one another:  When a lot of businesses do that, the result 
sometimes looks rather like threat display among elephants; everybody spreads 
out their ears and wiggles them in an intimidating manner, and if everybody is 
sufficiently intimidated there probably won't be any actual fighting.  Avoiding 
fighting is all to the good -- after all, that is what threat displays are for. 
 Lawyers are part of a grand tradition of intimidation among animals.

Unfortunately, there is a problem when using the same tactic with the 
open-source/third-party-developer community:  Most of the individual members of 
that community surely do not retain lawyers to assist in development and 
distribution of code.  To that extent, we have very small ears, and we are 
easily intimidated.  We are mice, and when elephants wiggle their ears, 
sensible mice run away and hide.  Evolution exerts great pressure for mice to 
be very sensible.

Therefore, *if* a substantial established business should happen to make a 
business decision, to the effect that open-source/third-party developers are 
valuable resources, *then* it follows that said business should make efforts 
not to scare off the mice.  In particular, any legal agreements which that 
business expects open-source/third-party developers to agree with, should not 
only (1) protect those developers, but also (2) make clear just what protection 
is afforded, in language that is both (a) legally binding and (b) easily 
understandable without the aid of a lawyer (since developers probably do not 
retain lawyers).

I am not a lawyer and do not play one on the Internet, but I believe I 
understand that goals (2a) and (2b) above may be difficult to achieve at the 
same time; yet if they are not achieved then the mice will all run away and the 
business will lose valuable resources:  The business's lawyers will 
inadvertently have acted contrary to the business's own interests.

I believe the essence of the problem here is that depending on just what LL 
actually thinks of the open-source/third-party-developer community, we may have 
an instance of this issue; if so, LL needs to think carefully how to make its 
legal position best further its business interests.

Now excuse me while I scamper off; I think I have a piece of cheese in my 
mousehole ...

CeeJay Tigerpaw
---------------------
jay_reynolds_free...@mac.com
http://web.mac.com/jay_reynolds_freeman (personal web site)

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