RE: Sun IPR statement on XPointer
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.
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o If XPointer is withdrawn, the IPR offer is void.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.
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 .
Measure twice and cut carefully.
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