Subject: Re: New angle on the patent problem
From: "Karsten M. Self" <kmself@ix.netcom.com>
Date: Mon, 13 Sep 1999 15:19:56 +0000

shapj@us.ibm.com wrote:
> 
> >> IBM Public Source License. Their acclaimed Jikes (Java compiler) is
> >> distributed under it. It's open source compliant.
> >
> >Familiar with it as "the Jikes license".  Note the rather awkward patent
> >construct though -- patents as used in the original source if your
> >program includes at least 60% of the original source in a way that it's
> >reachable in normal execution of the program.
> 
> Just for the record, the current IBM Public Source License bears little
> resemblance to the original Jikes license. While I can't really engage in a
> debate about IBM's licenses, I do urge you to look at the current license before
> beating dead horses.

One of the relevent problems is realizing that one's horse is dead.  I
thought I'd seen the clause in a recent (1-2 weeks) version of the Jikes
licensing terms following a post by Dave Shields to the Jikes list, and
specifically noted the changes in the patent language as I'd seen
problems in the earlier version.  Could you provide a URL reference to
an online copy of the current terms?

...And in any event, the evolution of the patent language is interesting
in that it reveals something of the thought processes involved in
developing acceptable and functional legal language.  Particularly at
IBM.

-- 
Karsten M. Self (kmself@ix.netcom.com)
    What part of "Gestalt" don't you understand?

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