In No Particular Order...

I haven't written in a while, so here's a bit of "catch up":

-I enjoyed my first ride in a Tesla (thanks, Steve). It's a beautiful looking vehicle with performance like this. Once the price drops and they deliver a sedan model, I will be ready to plug one into the home solar system.

-I also had my deposition taken in the NetApp litigation. Evidently, the folks at NetApp are not big fans of my blog. (I'm trying not to take it personally.)

-Jonathan has written an interesting series of posts about the future of enterprise computing (and Sun's direction as well). Well worth a read.

-A few weeks ago, I had the opportunity to speak at an IP conference at Howard University School of Law. Although I wasn't able to attend the entire session, I did get the chance to listen to Victoria Hall's presentation about Jacobsen v. Katzer. At issue in that case (in which Ms. Hall represents the plaintiff) is whether the terms of an open source license constitute a "covenant" or "condition". If the former, then the defendant's actions would be viewed as a breach of contract for which the remedy would be damages - difficult to prove in the context of an open source license. If the latter, the plaintiff would be entitled to statutory damages and injunctive relief for copyright infringement. The case was initially decided in favor of the plaintiff, but is currently on appeal. It's obviously a case of interest to many in the open source community.

-The debate over FAS 5 continues. Sun along with 134 other companies has joined the ACC in objecting to proposed amendments to FAS 5. You can find out more here.

Comments:

Good to see an entry, keep them coming. Love your insights and humour.

Posted by Alain Geenrits on March 23, 2009 at 06:58 AM PDT #

Mike,

It is always nice to read your new blog entries, keep them coming will you?

I hope you will have time to blog more as I will have more insightful things to read and less time to write my blogs (my none-senses are now in both English and Chinese depending on the readers (unfortunate readers))!

Posted by Kempton on March 24, 2009 at 05:04 AM PDT #

If it helps you to not take it personally, I am a huge fan of your blog. I work at SmugMug where we have no in-house counsel but like many others we're greatly affected by the alarming rise of patent trolls.

Posted by Chris MacAskill on March 26, 2009 at 06:15 PM PDT #

Mike,

Love your blog. You should try out the 09 Prius. Way cooler than a Tesla.

Posted by Delcan Murphy (President HMH) on March 27, 2009 at 04:04 AM PDT #

I love your blog too. The link to the model railway open source case is fascinating. I hope the appeal finds in favour of the plaintiff, as the district court seems clueless about the harm caused by theft of open IP like this.

Do you have details of the upcoming dates scheduled for the NetApp litigation? Is it likely to go beyond 2009?

Thanks.

Posted by Kevin Hutchinson on March 31, 2009 at 06:30 PM PDT #

Talking of IP, are you aware that the MySQL founders are about to fork MySQL and "compete" with Sun/Oracle? What are the IP defense options that Sun has for that $1bn price? Do they at least include the name "MySQL"? Good luck!

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