Re: Re: Pushing back the barriers and beingdemolished by IBM

One thing that could be used against IBM: they have been a big, vocal,
public proponent of open source. The most obvious example is the
championing of Linux on the System z platform.

If it became known that IBM was saying one thing, but then selectively
crushing certain open source projects, then the negative publicity could
become a monkey on Pok's back.

2011/11/7 ron.hilton <[email protected]>

> **
>
>
> Jay,
>
> If Open Source Mainframes, Inc. (OSMI?) has enough funds to have an
> attorney
> draft a form license agreement along the lines I suggested (non-commercia=
l
> rights to OSMI, commercially sublicensable to IBM), my offer stands to fi=
le
> a limited number of PPAs for the cost of filing on behalf of Hercules
> developers who execute that agreement with OSMI. As I suggested, it would
> probably be well to do an internal review by the Hercules development
> community first to decide which applications are most worth pursuing.
>
>
> Thanks,
>
> Ron Hilton
>
> _____
>
> From: [email protected]
> [mailto:[email protected]] On Behalf Of Jay Maynard
> Sent: Monday, November 07, 2011 8:24 AM
> To: [email protected]
> Subject: Re: [hercules-advocacy] Re: Pushing back the barriers and
> beingdemolished by IBM
>
> On Mon, Nov 07, 2011 at 08:20:50AM -0700, ron.hilton wrote:
> > It would not be up to the investor to mount an infringement lawsuit
> against
> > IBM. That would be up to Hercules. Although Hercules essentially has no
> > funds, if it had some truly valuable IP, there would likely be law firm=
s
> > willing to take the case on contingency. And IBM knows that, and thus
> would
> > be motivated to settle, especially since Hercules would primarily be
> seeking
> > non-monetary consideration (as long as lawyers don't need to get involv=
ed
> in
> > a big way) such as immunity from IBM patents for non-commercial Hercule=
s
> > use, hobbyist software licensing, etc.
>
> Just a note: The "Hercules, Inc" you refer to actually exists. It's a
> nonprofit, soon-to-be-charity (of the 501(c)(3) variety) named Open Sourc=
e
> Mainframes, Inc. It would have some funds, but not enough to wage a
> high-powered patent fight of the type required to have any sort of a chan=
ce
> at beating IBM.
> --
> Jay Maynard, K5ZC http://www.conmicro.com
> http://jmaynard.livejournal.com http://www.tronguy.net
> http://www.hercules-390.org (Yes, that's me!)
> Buy Hercules stuff at http://www.cafepress.com/hercules-390
>
> [Non-text portions of this message have been removed]
>
>=20=20
>



--=20
M. Ray Mullins
Cat Herder Software - http://www.catherdersoftware.com/
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Associated with Covariant Systems, Inc.


[Non-text portions of this message have been removed]



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