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the_logos · 10-12-2003, 07:37 PM

I have no doubt they've been debated quite a bit but I have yet to see an expert weigh in either here or on TMC. I do know, however, that intentions simply don't really matter in a licensing agreement so I'm not sure why you keep bringing them up. Contracts stand on their own and this one does not prohibit commercial activity, only profit.

Instead of this endless arguing between people like you and I who are not experts, why don't we get an expert opinion? Let's split the cost of a lawyer that specializes in IP and licensing and see what he or she thinks. It's such a simple, broken license that it won't cost more than $1000 or so to get an -actual- expert opinion.

Here's a good firm I've worked with before:
I suggest either Stanley Doty or Rodney Gilmore. They're both excellent. Mr. Doty in particular spends a large portion of his time dealing with technology and IP licenses and I'm meeting with him tomorrow about a technology license, as it so happens. I could happily bring this matter up with him then too if you're willing.

So, how about it? You seem pretty passionate about this issue (even going so far as to host a web page about it and offering to donate to my ill-fated attempt to help the DIKU authors sue Medievia) so I'm assuming you'd welcome an unbiased, expert opinion on the matter. (read: someone who has no interest in whether people use DIKU commercially or not and is a partner-level lawyer with a specialty in licensing.)

Interested in walking the walk or would you rather not have your illusions shattered?
--matt
P.S. Don't take this post insultingly. I was just shocked to read the DIKU license and discover that there is essentially no legal basis for a lot of the statements about what the DIKU license prohibits. There seems to be a sort of mythology that's grown up around the license, very little of which has a basis in IP and business law, at least as I'm familiar with it.

10-12-2003, 07:37 PM	#6
the_logos Legend Join Date: Sep 2002 Location: Mill Valley, California Posts: 2,305	I have no doubt they've been debated quite a bit but I have yet to see an expert weigh in either here or on TMC. I do know, however, that intentions simply don't really matter in a licensing agreement so I'm not sure why you keep bringing them up. Contracts stand on their own and this one does not prohibit commercial activity, only profit. Instead of this endless arguing between people like you and I who are not experts, why don't we get an expert opinion? Let's split the cost of a lawyer that specializes in IP and licensing and see what he or she thinks. It's such a simple, broken license that it won't cost more than $1000 or so to get an -actual- expert opinion. Here's a good firm I've worked with before: I suggest either Stanley Doty or Rodney Gilmore. They're both excellent. Mr. Doty in particular spends a large portion of his time dealing with technology and IP licenses and I'm meeting with him tomorrow about a technology license, as it so happens. I could happily bring this matter up with him then too if you're willing. So, how about it? You seem pretty passionate about this issue (even going so far as to host a web page about it and offering to donate to my ill-fated attempt to help the DIKU authors sue Medievia) so I'm assuming you'd welcome an unbiased, expert opinion on the matter. (read: someone who has no interest in whether people use DIKU commercially or not and is a partner-level lawyer with a specialty in licensing.) Interested in walking the walk or would you rather not have your illusions shattered? --matt P.S. Don't take this post insultingly. I was just shocked to read the DIKU license and discover that there is essentially no legal basis for a lot of the statements about what the DIKU license prohibits. There seems to be a sort of mythology that's grown up around the license, very little of which has a basis in IP and business law, at least as I'm familiar with it.