RE: Sun IPR statement on XPointer

["Bullard, Claude L (Len)" <clbullar@ingr.com>]

This is what happens when we kill all the lawyers at the beginning

of the revolution.  We don't have one when we need one.

 

Amateur interpretation:

 

o  Sun believes it can defend the patent.

 

o  Sun asserts it offers generous terms for use of technology covered by the patent.

 

o  If XPointer is withdrawn, the IPR offer is void.

 

o  Any attempt to create another specification to fill the role of XPointer will

    be subject to the same patent claims without the protection of the IPR offer.

 

o  Sun reserves all rights to make claims if any technology which it considers to infringe

    on the patent is developed outside XPointer implementations.  In other words, the 

    IPR offer only pertains to XPointer implementation. 

 

<speculation>

 

This as good a deal as will be made available.    It is bad form for Sun to

have done this, but good manners and good business are not the same thing.

 

The direct remedy is to invalidate the patent.  An expensive long fight

is required and Sun is betting no one will try that given it is much

less costly (royalty free does not mean no cost) to obtain the license

and Sun's terms infer white knight status.

 

Indirectly, process can be used to create an inconvenient environment for Sun 

and exact a cost.  Such an approach while legal is punitive and punitive 

measures should only be considered if Sun's action is considered a deleterious

precedent meriting a punitive response by the affected communities .

 

</speculation> 

 

Measure twice and cut carefully.

Len
http://www.mp3.com/LenBullard

Ekam sat.h, Vipraah bahudhaa vadanti.
Daamyata. Datta. Dayadhvam.h