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From "Dennis E. Hamilton" <>
Subject RE: Legal concern: Are we getting to close ot a "division of markets" conversation?
Date Mon, 06 Jun 2011 03:51:26 GMT
The problem here is that Rob and Sam and other well-known employees are being addressed as
IBM employees here and even called to account for their employer's behavior and intentions
by some of the participants.  I suggest that the best way to deal with those requests is to
meet them with silence and those of us who know better should stop asking those questions.

Furthermore, the competition laws that apply to Rob and Sam as IBM employees and their agreements
with their employer are not waived by their having a different hat here.  They can't get out
of it, just like a priest (or parishioner) can't avoid causing scandal by misbehaving in plain
clothes.  They can operate as individuals but they must also honor the requirements on their
conduct that are a consequence of their employment.

However, this is not a secret conversation and it is not about arrangements to exclude third
parties (except the absent elephant that shall not be named, and I don't see how that can
happen under a transparent Alv2 setup anyhow -- au contraire).  Furthermore, it is not clear
to me that anything that happens here can create a "division of markets."

I think this can be more grounded by talking about specific actions that are called for in
finalizing the proposal and in anticipating the essential work for taking over the
code base, related artifacts, and making them available under ALv2, whether or not we ever
make a distribution that is called Apache

I have too many more thoughts, but it is time to take the trash to the curb and then feed
the cats.  So you are spared for now [;<).

 - Dennis

-----Original Message-----
From: Norbert Thiebaud [] 
Sent: Sunday, June 05, 2011 20:31
Subject: Re: Legal concern: Are we getting to close ot a "division of markets" conversation?

[ ... ]

And these law apply to non-for-profit organization ? The Red-Cross and United Way cannot agree
to 'Divide Territories' ? They have by law the obligation to 'compete' for the potential recipient
of their charity ?

Isn't Apache a non-for-profit ?

If I understand the 'Apache Way', I'd say you are wearing a 'Corporate' hat in this email,
not your 'Apache member' hat


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