Re: How can we submit code patches that implement our (pending)patents?

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От Bruce Momjian
Тема Re: How can we submit code patches that implement our (pending)patents?
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Msg-id 20180723171404.GO9200@momjian.us
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Ответ на Re: How can we submit code patches that implement our (pending)patents?  (Nico Williams <nico@cryptonector.com>)
Ответы Re: How can we submit code patches that implement our (pending)patents?  (Andres Freund <andres@anarazel.de>)
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On Mon, Jul 23, 2018 at 11:38:47AM -0500, Nico Williams wrote:
> On Mon, Jul 23, 2018 at 11:55:01AM -0400, Bruce Momjian wrote:
> > On Mon, Jul 23, 2018 at 11:40:41AM -0400, Bruce Momjian wrote:
> > > On Mon, Jul 23, 2018 at 08:19:35AM -0700, Andres Freund wrote:
> > > > I'm fairly sure that I'm right. But my point isn't that we should "trust
> > > > Andres implicitly ™" (although that's obviously not a bad starting point
> > > > ;)). But rather, given that that is a reasonable assumption that such
> > > > agreements are legally possible, we can decide whether we want to take
> > > > advantage of such terms *assuming they are legally sound*. Then, if, and
> > > > only if, we decide that that's interesting from a policy POV, we can
> > > > verify those assumptions with lawyers.
> > > 
> > > > 
> > > > Given we're far from the first project dealing with this, and that
> > > > companies that have shown themselves to be reasonably trustworthy around
> > > > open source, like Red Hat, assuming that such agreements are sound seems
> > > > quite reasonable.
> > > 
> > > Sun Microsystems seemed reasonably trustworthy too.
> > 
> > I realize what you are saying is that at the time Red Hat wrote that,
> > they had good intentions, but they might not be able to control its
> > behavior in a bankruptcy, so didn't mention it.  Also, Oracle is suing
> > Google over the Java API:
> > 
> >     https://en.wikipedia.org/wiki/Oracle_America,_Inc._v._Google,_Inc.
> > 
> > which I can't imagine Sun doing, but legally Oracle can now that they
> > own Java via Sun.  Of course, Sun might not have realized the problem,
> > and Red Hat might have, but that's also assuming that there aren't other
> > problems that Red Hat doesn't know about.
> 
> That's not about patents though, is it.

No, it is not.  It is just a case of not being able to trust any
company's "good will".  You only get what the contract says.

> (I do believe that case is highly contrived.  Sun put Java under the
> GPL, so presumably Google can fork it under those terms.  I've not
> followed that case, so I don't really know what's up with it or why it
> wasn't just dismissed with prejudice.)

Yes, it is a big case with big ramifications if upheld.

-- 
  Bruce Momjian  <bruce@momjian.us>        http://momjian.us
  EnterpriseDB                             http://enterprisedb.com

+ As you are, so once was I.  As I am, so you will be. +
+                      Ancient Roman grave inscription +


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