My concern is simple.  I do not believe there is anything in the design that would 
make it possible to "successfully" sue me.  But it is a standard business practice 
among the less ethical corporations to sue frivolously to bankrupt their opponents and 
force them to either abandon or sell out a product.  Because of it, if I am successful 
at stopping spam I am fairly certain that there will be many a frivolous lawsuit for 
that purpose.

And as you state, the idea is so old that its origins are lost and therefore fully in 
the public domain, even though nobody has bothered to implement it in a viable way.  
My plan is to do so, in a way that is convenient to both recipients and desirable 
senders.  And if enough people use it, a multi-billion dollar industry will feel it 
and the groundless lawsuits will start.  But since I will not be protected from them, 
I don't think I can risk contributing it.

I will probably still use James.  But rather put it inside my application instead of 
having my application be part of James.

If I understand the ASF license, it permits me to include James in my product, without 
any license fees.  Is that correct?

Bruno
 

-----Original Message-----
From: ext Danny Angus [mailto:[EMAIL PROTECTED]
Sent: Monday, February 02, 2004 11:04 AM
To: James Developers List
Subject: RE: Contributing a mailet






2. If this anti-spam measure is as successful as I expect it to be, I fear
that the spammers of the world will try anything to kill it and the
Microsofts of the world will try to steal it.  Because of it I have been
sitting on this design for 3 years.  Is it true  that the Apache Software
Foundation provides free legal defense for its contributors if they are
sued as a consequence of a contribution?  If it is not, I will not be able
to contribute it and will have to go make it commercial just to make enough
money to defend myself.


Erm well not quite, the ASF protects individuals against action being taken
personally against them by itself being the owner, and licensor of the
software. It is therefore a duty of all commiters to ensure that nothing is
knowingly admitted which would make us vulnerable to legal action. In
practice this is about IP.
By legitimately donating the code to the ASF you are no longer the person
your imagined enemies would want to sue to stop the software from being
distributed! However if your contribution doesn't violate and IP ownership
or Patents then I fail to see how any *reasonable* piece of software could
result in you being pursued.

What exactly is there about your proposal, which in itself doesn't sound
very novel, that makes you think anyone would sue you?

d.



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