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[XML-DEV Mailing List Archive Home] [By Thread] [By Date] [Recent Entries] [Reply To This Message] 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.
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o If XPointer is withdrawn, the IPR offer is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 
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