Re: Re: Patents and OpenMoko

2008-02-12 Thread Jon Radel
Vasco Névoa wrote:
> Hi. Sorry to barge in like this, but I don't quite understand the problem to 
> begin with...
> Isn't open source code by definition protected against subsequent patents?
> It is part of the patenting process to search for conflicting publications; 
> if they find any, then the candidate idea is not a novelty and cannot be 
> patented. Publishing is the best weapon against (subsequent) patents: cheap 
> and effective.
> I think we should just add some way to automatically timestamp every code 
> check-in in a legally binding way, like using some outside certification 
> entity's digital signature (that carries a legally recognizable timestamp).
> An open-source public repository is a valid publication of ideas, which are 
> therefore not patentable.
> What do you think?

Bogdan Bivolaru already pointed out some practical issues with your
theoretical outline.  However, there are some additional issues:

The biggest in my view is that you seem to assume that open source
developers somehow (magic?) manage to write only code which does not
infringe (in somebody's eyes) on existing patents, or won't infringe on
already filed patents that haven't been published yet.  There are even
legal reasons to avoid doing a patent search before you start developing
something, as you then avoid knowingly infringing, which makes a
difference, at least in the US.

Then there's the practical matter that if you have a collection of
patents you can frequently come to some cross-licensing agreement if
someone else in your industry starts hassling you with their patents.
If you have nothing, it's much easier for them to grind you into the
dirt, if only with legal fees, if they so desire.

--Jon Radel



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Re: Help Request for our Webshop

2007-09-24 Thread Jon Radel


> Ted Lemon <[EMAIL PROTECTED]> wrote:
> On Sep 23, 2007, at 10:09 PM, Dr. H. Nikolaus Schaller wrote:
>> Why haven't you said that initially? It would have saved me to even
>> mention
>> oscommerce and you the discussion about it.
> 
> 'cuz he's a big meany!
> 
> No, wait, that can't be it!
> 
> Maybe he figured anyone who was qualified would already know what a
> steaming heap oscommerce is (zencart is a futile attempt to make
> oscommerce cleaner and more featureful).   More likely, though, he just
> didn't think of it!   :')

I swear Sean said:

>Preferable this webshop should not be written in PHP. Either Perl,
>Python or Ruby would be fine by us.

Maybe he realized that no matter what he said, the community would have
to get their initial wave of second-guessing everything out of the way
first, so he didn't bother saying something more like:

"We would prefer that this webshop not be written in PHP because none of
the existing PHP solutions impress us in the least (no, we really mean
that, yes, we've look at oscommerce, no, don't bother mentioning it,
yes, the person looking at it for us knew PHP, no, really, we're not
kidding), but leave open the possibility that somebody talented could
possibly write something suitable using PHP, which is why we're only
expressing a strong preference here, not an absolute requirement."

and so on and so forth for another 3 pages covering everything else that
they've thought of, looked at, suspect somebody will mention, etc.,
etc., etc..

Or maybe not.  Only Sean could say for certain, and I'm pretty sure it
doesn't really matter in the grand scheme of things.  After all, on this
one, they're the customer and the customer is always right.  ;-)

--Jon Radel
[EMAIL PROTECTED]


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Subject: Re: Neo 1973 is sold out...

2007-08-07 Thread Jon Radel
Just a general comment, directed at no individual in particular, but at
the general tone of this thread.  ...particularly since accusations of
condescension are being slung around pretty freely.

Some of you may wish to reread some of your comments and evaluate to
what extent members of the OpenMoko staff may find them condescending.

In any case, I'd save the "utterly unacceptable" comments for when we
find out that OpenMoko is trafficking in underage girls to finance
production runs.  If you start handing out evaluations like that just
because OpenMoko hasn't yet solved all the problems of taking a small
company/division/group from 0 to 100 in 2.4 seconds flat, your rhetoric
doesn't leave much room for escalation.  :-)

--Jon Radel


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RT and S/MIME

2007-08-06 Thread Jon Radel
Hmmm, I think I've figured out what happened to my original YES_I_DO,
which lead to my #1881 not going out in the first wave:  The order RT
chokes on e-mail signed with S/MIME.  Makes sense in a warped sort of
way.  Sigh.

Jouston's comment right now about my empty e-mail in RT was the last
clue I needed before I went "Doh!"

Sigh.

--Jon Radel


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Re: Anyone, not billed yet?

2007-08-01 Thread Jon Radel
[EMAIL PROTECTED] wrote:

> Ouch - I had been wondering why my order had not been processed, and yet
> many numbers after my order number (orders >2010) were being processed. I
> responded to the YES_I_DO immediately I received the email. But
> apparently, after I finally got a response from the obviously very busy
> OpenMoko crew, they did not receive my YES_I_DO!!!

Take heart, at least, that you're not alone.  I've just been told that
I've magically drifted to the 2nd batch despite being #1881 and replying
 YES_I_DO within 50 minutes.

Right now I'm trying to get some sense of when the 2nd batch might ship
so as to figure out how that relates to my travel plans

:-)

--Jon Radel


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Re: What happened to the order?

2007-07-27 Thread Jon Radel
> If I understood correctly orders within the U.S. was shipped first, and
> then international developers would get their phones..

Well, some U.S. phones were shipped firstthis doesn't seem to apply
to my #1881.

> 
> I have received three e-mails from openmoko: "AutoReply: OpenMoko direct
> order", "Your OpenMoko direct order" (which I replyed to YES_I_DO), and 
> "Payment received: OpenMoko direct order".

I got the first two.  I sent "YES_I_DO" twice, the first time within 50
minutes and then again 13 days later when I heard nothing further.
Still haven't heard anything about payment or shipping.


> Since then I have heard nothing, but I can see from the "P1 Owners" page
> that other higher numbered rts, ordering the exact same thing (Advanced
> kit, B/S), to the exact same location (Oslo, Norway) have received
> shipping notifications.

Same thing I ordered, but to a U.S. address.

> 
> Anyone else experienced this? Is my order gone? Am I waiting for
> something that won't happen?
> Is there something that I should have done that I have not?


They're probably dancing just as fast as they can

--Jon Radel


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Re: I got charged ;)

2007-07-22 Thread Jon Radel

> 
> Other possibilities: the order in which YES_I_DO responses were received
> (but I responded pretty quickly, so that seems unlikely, unless they
> sent YES_I_DO requests out of order), or perhaps they're fulfilling
> orders heading overseas first (I live 44 miles/71km away from FIC
> America's Fremont location).

Or they're grabbing phones in the order the boxes got stacked in the
warehouse and your orange one is at the bottom of the pile with all the
others.  Ormaybe they just like torturing people who think that
there should be order in the universe.  :-)

--Jon Radel


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Replying to digests Was: Re: community Digest, Vol 36, Issue 48

2007-07-19 Thread Jon Radel


> From:
> "Ortwin Regel" <[EMAIL PROTECTED]>
...
> 
> Seconded!
> Please open a forum.openmoko.org <http://forum.openmoko.org> ! I'd love
> to post some spontaneous ideas, discuss stuff, ask and answer small
> questions etc. but I often don't want to spam the whole mailing list
> with it.
> 
> Ortwin
> 
> On 7/19/07, *Ryan Lozier* <[EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]>>
> wrote:
> 
> Is there an openmoko forum? I am really sick of reading this mailing
> list for the last year to find subjects im interested in. If there
> is one, please someone point me to it, and im not talking about the
> wiki. I mean, where would someone go if they had a question about a
> particular function of the phone or one of the softwares? This
> mailinglist? If there is no forum yet, we need one.
> ryan.
> 
[Entire digest that has nothing at all to do with the above that both
you sent out again removed.]

Spam the whole mailing list?  Ah, at least you're forthright and know
yourself well...

Ever occur to you two forum fans that the mailing list would work better
if you used it right?  Little matters such as:

* If you're starting a new discussion thread, don't reply to an existing
e-mail; it throws off the people who use thread-aware MUAs.

* If you're replying to something in a digest cut out all the stuff
you're not replying to and fix up the subject line.

* TRIM!

* TRIM SOME MORE!

* If you're sending a "Me Too" reply, TRIM YET SOME MORE!

(See Mathew Davis's follow up for a beautiful example of trimming. :-)

--Jon Radel


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Re: unbundling of phone services

2007-06-12 Thread Jon Radel


> From:
> "Matthew S. Hamrick" <[EMAIL PROTECTED]>

> 
> A Mobile LLU (Local Loop Unbundling) system would be slightly different
> that an MVNO. MVNO's mostly differentiate themselves on branding instead
> of services. LLU is what you get when you force ILECs (Incumbent Local
> Exchange Carriers) to allow third parties to connect to the local loop
> (the wire running from the carrier's central office to the customer
> premises.) The mobile equivalent would be to force the wireless network
> operators to provide "value add" third parties with rack space in mobile
> base-stations or like UNE/P an ATM interface to data, video or voice
> data from the handset without passing it through the carrier's network.

One huge difference I see between a wired CLEC and a mobile LLU as you
describe it is that a CLEC can start small by putting equipment into the
COs of a single marketing area and potentially have a viable product.  I
have trouble seeing too many customers getting exciting about a mobile
product that has spiffy features but can't roam, so you need to put
equipment in an awful lot of racks.

Or am I missing something?

--Jon Radel


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