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Subject Legal concern: Are we getting to close ot a "division of markets" conversation?
Date Mon, 06 Jun 2011 01:08:59 GMT
Simon Phipps <> wrote on 06/05/2011 08:38:08 PM:
> >
> > The people who will only contribute to a copyleft license (and I know 
a few
> > OO contributors like that) will not come over this world .. so to that
> > extent this is a community fork and we cannot do brand sharing as 
> > confuse end-users.
> >
> I still think that's open for discussion. To my eyes it still makes a 
lot of
> sense to have Apache host the parts IBM (and maybe others, although 
> existence is exaggerated) need for their proprietary products, and then 
> TDF maintain a consumer end-user deliverable downstream as well.

I think it would be great for TDF have an end-user downstream deliverable. 
 It would be great if anyone open source project wants to do that.  It 
would be great if a private company does this.  It would be good of a 
government wants to do this.  It would be great if multiple parties wanted 
to do this together.  It would be great it multiple parties wanted to do 
this separately. 

But I am very very very concerned that this conversation is starting to 
cross over into a "division of market" conversation, which has stiff 
penalties under US and international competition law.  Open source work, 
like standards, is work done voluntarily among competitors in the market. 
There are some things we must not talk about, especially things where 
competitors may be seen as arranging to reduce competition.  We need to 
steer the conversation far from this.


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