Monthly Archives: March 2009

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.


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