Subject: Re: What should Sun do?
From: "Stephen J. Turnbull" <>
Date: Thu, 03 Feb 2005 16:03:44 +0900

>>>>> "Adam" == Adam Turoff <> writes:

    Adam> On Wed, Feb 02, 2005 at 11:21:15AM -0500, Russell Nelson
    Adam> wrote:

    >> Why not just donate it to the Mozilla Foundation, or the Gnome
    >> Foundation, or the Open Source Initiative, or the Public
    >> Software Fund, or the Free Software Foundation?  What purpose
    >> would another non-profit serve?

    Adam> Direction.  Governance.  Independance.

In other words, making sure that Sun can keep control.  At least,
that's the way it's going to look.  That's exactly why this particular
case should involve giving up some control.

    Adam> Second, it really isn't wise for a non-profit to receive
    Adam> copyright assignment of open source code of unknown
    Adam> provenance, especially as a large one-time assignment.

Not a problem.  It would use the FSF-style assignment, which requires
the contributor to indemnify the recipient.  This would assure that
Sun's lawyers would take great interest in any attack on the
copyright, too.

    Adam> If we all joined together under, say, the Elbonian Software
    Adam> Foundation, we'd all lose because it would need to become
    Adam> quite bureaucratic, and one IP case would impact a whole
    Adam> bunch of open source software.

Now that's a scary thought.  Suppose the FSF owned Linux, and SCO
_won_.  FSF goes bankrupt because it can't pay the license fee, SCO
gets its assets, _including all FSF-owned copyrights_.

What good do the FSF covenants of incorporation and the assignment
papers we've signed do in that case, anybody know?

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