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Commented on GPL, copyleft use declining faster than ever

First thing: SourceForge is not the only forge being surveyed, and I would expect Savanah would primarily a GPL-centric forge. Second: it wasn't MIT alone that was being counted, it was all of the permissive licenses, such as ASL, BDSD *and* MIT. Third: When this decline was marked in June, there were calls of "fixing" by Black Duck, but the GPL's decline was also noted by FLOSSmole (http://flossmole.org/), which I would hardly think is in anyone's pocket. There may indeed be errors in this data, but covering up your ears and shouting "la la la" FUD of your own just because you don't like the conclusions is not going to help your cause in the long run.

2 months ago

Commented on DotNetNuke squares off against the GPL

Scott, thanks for the comments. No, indeed it is not FUD to discuss health risks and assess insurance needs. But if the facts being discussed are in error, then they need to be corrected. If you are talking about patent, copyright, or trademark issues, then software licensing does not make a bit of difference. Litigation will not consider that as a factor, and indeed I think the Android v. everybody cases demonstrate that. BSD, APL, and similarly constructed permissive licenses are not protection against someone launching a lawsuit. They might, ultimately, afford some protection, but that's never been proven in court to date, because most of these cases get settled. But, only after huge litigation fees. When it comes to compliance, yes, software licensing matters... even if it is to that minority of users who actually work with the software code. But even then, compliance is not the scary legal trap that your blog post seems to portray. *All* licenses must be examined... not just GPL and other copylefts. I agree 100% that the licensing discussion should not be ignored... but I think it's important to not perpetuate the myths about any license. BKP

2 months ago

Commented on Barnes & Noble pummels Microsoft patents with prior art

Yes, indeed he did. Whoops! Corrected, with thanks!

3 months ago

Commented on GPL violations in Android: Same arguments, different day

But Judge Alsup "got it" only in the context of denying a summary judgment. He didn't want to let Google's arguments slide past without a more thorough examination. He (and the jury in that case) could still decide that the Java APIs *aren't* copyrightable when the case goes to actual trial. Look, my problem with your arguments aren't so much that they're wrong so much as they are premature. Anyone can predict doom-and-gloom about anything. Until an actual ruling on header files is made, then all you (and I, admittedly) have is speculation. A smart lawyer once told me that sometimes things have to be said based on what the client wants him to say. With that in mind, why are your speculations so consistently anti-Google? Or, to put it more bluntly, even anti-Linux? Because your arguments seems to be either trying to paint Google as a GPL violator or Linux as a platform that's apparently legally shaky to work with. Given the amount of time and energy you have put into this, I think it's a fair question to ask. BKP

3 months ago

Commented on GPL violations in Android: Same arguments, different day

Ah, shoot, I didn't realize that I didn't include a link to your whitepaper. That was completely my fault, and not a planned omission. I've added the link above and here it is as well: http://www.brownrudnick.com/nr/pdf/alerts/Brown_Rudnick_Bionic_Revisited_Naughton_11-11.pdf.

3 months ago

Commented on Desktop virtualization smackdown: Parallels vs. VMware vs. VirtualBox

You are absolutely right... I blew that completely when I looked at the application, going off of my older experience with the Player--I didn't even look for the functionality. It's corrected now. -BKP

4 months ago

Commented on Oracle's patents, case against Google weakening

Good question. Not to my knowledge, though I haven't run through all of the Pacer docket yet. It's all arranging deck chairs anyway. Either both parties settle or the case languishes until it's moot. BKP

8 months ago

Commented on ARM and Linux: Major construction ahead

No, not forgetting. In fact, the big push to consolidate is coming from a lot of these licensees. But, it should be noted, only from the ones who are interested (read: whose customers are interested) in running Linux on their ARM device. -BKP

8 months ago

Commented on Fork history does not favor OpenOffice.org

Indeed. Such an injection of resources (==energy in my metaphor that will not die) could also be enough to boost OOo's long-term success. But not a guarantee: the motivation and direction of any new developers will also influence long-term success. BKP

8 months ago

Commented on Fork history does not favor OpenOffice.org

And your statements do indeed reflect a more open system. If that's the case, then there should be enough "energy" to go around. BKP

8 months ago

Commented on OpenOffice.org: Breaking up is hard to do

I don't think so. If you would like to clarify your role with LibreOffice and your motivations, then you can contact me and we can discuss. Journalists, by the way, don't hound people from whom they are asking questions. Nor do they tell people they are representing ("unofficially" or otherwise) a project that has an opposing point a view. A project, by the way, that doesn't know you and does not appreciate you speaking for them. (I asked.) Also, you were quoted on a public forum under fair use.

8 months ago

Commented on Apple delays release of LPGL WebKit code

You're correct that this was an anomaly, and frankly, I think everyone would have cut Apple some slack because of their past good record. But they weren't, as far as I know, replying to any queries about the issue, and two months is a long delay between binary and source without any explanation.

9 months ago

Commented on Patent verdict no reason to worry about Linux

Mr. Mueller, your comments preclude that Bedrock's licensing fees are equitable. As we say in the Barnes and Noble v. Microsoft case this week, that is not always a given.

10 months ago

Commented on Android: Sued by Microsoft, not by Linux

You are very right, it is an important distinction, and I have made the correction. Thank you!

11 months ago

Commented on Android: Sued by Microsoft, not by Linux

Ah, rats. Thanks for the corx, as we say in the biz.

11 months ago

Commented on Helpful lawyers think Google stole Linux code

... I'll change it to "disputed." Because your claims are disputed, without question. Just as you are disputing your critics' claims.BKP

11 months ago

Commented on Updated: Research seems to point to Google infringement of Java code, now refuted

Yes, and I have updated the story here to reflect that Burnette's findings. Thanks to the readers who sent me the link.BKP

1 year ago

Commented on Updated: Research seems to point to Google infringement of Java code, now refuted

Fair enough. Link found and verified. Removing descriptive term, as noted in article text. My mistake, and thank you for the feedback.BKP

1 year ago

Commented on Updated: Research seems to point to Google infringement of Java code, now refuted

I'm pretty sure that's how he refers to himself, but I will take that under advisement.As for his view points, Mueller is well-aware that I do not agree with many of his stances, and have publicly taken him to task.That does not change that fact that someone has done research and has found these code similarities. It should not matter if it's Mueller, because I'm pretty sure this research is an apolitical issue.If it turns out that is indeed not the case, I will the first to own up and admit otherwise.BKP

1 year ago

Commented on Software flaws don't negate "many eyes" in open source

Sure, and I didn't really see his remarks as criticizing OSS, though I did assume he was talking about OSS this time around.Well, my opinion re: open source v. proprietary still stands; sorry if I implied it was Glen's by mistake.BKP

1 year ago

Commented on OpenBSD/FBI allegations denied by named participants

I know he didn't make the accusation. He revealed Perry's accusations by forwarding the e-mail to the mailing list.

1 year ago

Commented on A Schizophrenic Look at Microsoft, Novell, and Patents

I am aware that schizophrenic is not the same as multiple personality disorder, though common usage lets me cheat a bit to get the point across in the headline.As for "guy," these were the voices in my head, and last I checked, I most certainly fit that description.BKP

1 year ago

Commented on Why Oracle Wants LibreOffice to Succeed

Well, they *can* pick out code, but they would have to keep the license, true. I would bet that there's plenty of features they could use in OO.o from LO, though.Fair point, though; that is a speed bump.BKP

1 year ago

Commented on openSUSE Conference: A Time for Introspection?

I will be very happy to hear about the results of the conference... nearly a week after the event. It is, as I wrote, a pretty important community milestone.BKP

1 year ago

Commented on Friday the 13th, Part II: Oracle Officially Ends OpenSolaris

Normally, you would be absolutely right. However, historically Sun held on tight to some of the more useful elements of Solaris, so OpenSolaris (and, now, Solaris Express 11) will always be behind the commercial version. And, now that the code won't be released in coordination with the binaries, that difference will be even more emphasized.

Ultimately, these obstacles can be overcome, and yes, a group of developers could take the open source licensed code and make something of it.

2 years ago