Re: OT IBM breaks OSS patent promise, targets mainframe emulator

2010-04-10 Thread Jim Elliott, IBM
For another point of view...

http://www.groklaw.net/article.php?story=20100408153953613

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Re: OT IBM breaks OSS patent promise, targets mainframe emulator

2010-04-09 Thread Lou Losee
When IBM announced the patent pledge, they specifically reserved the
right to defend itself from attack:

IBM has no intention of asserting its patent portfolio against the
Linux kernel, unless of course we are forced to defend ourselves,
said Nick Donofrio, senior vice president for technology and
manufacturing, drawing applause in a speech at the LinuxWorld
Conference and Expo.

And in the TurboHercules story, who is suing whom? It's not IBM. The
complaint against IBM was filed with the EU Commission by
TurboHercules. At that exact moment, did they not take themselves out
from under the patent pledge's safety umbrella?

Lou


On Thu, Apr 8, 2010 at 11:33 PM, Ed Gould ps2...@yahoo.com wrote:
 http://arstechnica.com/open-source/news/2010/04/ibm-breaks-oss-patent-promise-targets-mainframe-emulator.ars



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Re: OT IBM breaks OSS patent promise, targets mainframe emulator

2010-04-09 Thread Thompson, Steve
-Original Message-
From: IBM Mainframe Discussion List [mailto:ibm-m...@bama.ua.edu] On
Behalf Of Ed Gould
Sent: Thursday, April 08, 2010 11:34 PM
To: IBM-MAIN@bama.ua.edu
Subject: OT IBM breaks OSS patent promise, targets mainframe emulator

http://arstechnica.com/open-source/news/2010/04/ibm-breaks-oss-patent-pr
omise-targets-mainframe-emulator.ars
SNIP

I would still like to know, is IBM charging for its patents as part of
the licensing cost of its SCPs, or is it charging in the cost of the
hardware, or both. That question was quashed when IBM acquired PSI.

Regards,
Steve Thompson

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Re: OT IBM breaks OSS patent promise, targets mainframe emulator

2010-04-09 Thread McKown, John
Counter points.

quoteWhy I Believe IBM is Free to Sue The Pants Off TurboHercules/quote
http://www.groklaw.net/article.php?story=20100408153953613

quoteThe recent attacks on IBM patent use by some in the open-source 
community are way out of line./quote
http://www.linuxplanet.com/linuxplanet/opinions/7034/1/

quoteLinux Foundation say breathe easy on IBM patents/quote
http://www.h-online.com/open/news/item/Linux-Foundation-say-breathe-easy-on-IBM-patents-972747.html


quoteIBM's Open Source Patent Pledge /quote
http://www.linux.com/news/featured-blogs/158-jim-zemlin/299092-ibms-open-source-patent-pledge

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Re: OT IBM breaks OSS patent promise, targets mainframe emulator

2010-04-09 Thread Bruno Sugliani
This story becomes quite interesting 
Up to now when some company was trying to enter this market they could buy
and sell each other ( we remember PSI or T3 )
But this time what they are talking about a breach of patent by a Q public
license software named Hercules. 
I am definitely no lawyer but technically Turbohercules is only using this
Open Source stuff ( well not exactly open source i think)  that has been
around for a few years without any complain.
I do not see how IBM can buy a Q Public License emulator because the fact
that it is public means it is not for sale ( well i guess ) .
So where will they go from now ? I am puzzled
There was another interesting counter article here worried by other
virtualisation patent in other emulation software :
http://www.computerworlduk.com/community/blogs/index.cfm?entryid=2891amp;blogid=14

Bruno Sugliani 
zxnetconsult(at)free(dot)fr
   

On Fri, 9 Apr 2010 09:52:48 -0500, McKown, John
john.mck...@healthmarkets.com wrote:

Counter points.

quoteWhy I Believe IBM is Free to Sue The Pants Off TurboHercules/quote
http://www.groklaw.net/article.php?story=20100408153953613

quoteThe recent attacks on IBM patent use by some in the open-source
community are way out of line./quote
http://www.linuxplanet.com/linuxplanet/opinions/7034/1/

quoteLinux Foundation say breathe easy on IBM patents/quote
http://www.h-online.com/open/news/item/Linux-Foundation-say-breathe-easy-on-IBM-patents-972747.html


quoteIBM's Open Source Patent Pledge /quote
http://www.linux.com/news/featured-blogs/158-jim-zemlin/299092-ibms-open-source-patent-pledge

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Systems Engineer IV
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john.mck...@healthmarkets.com * www.HealthMarkets.com

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OT IBM breaks OSS patent promise, targets mainframe emulator

2010-04-08 Thread Ed Gould
http://arstechnica.com/open-source/news/2010/04/ibm-breaks-oss-patent-promise-targets-mainframe-emulator.ars



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