[fab] discussion topics for red hat ceo

[Mark Webbink]

This is not correct:

- Force the invalidation of the mp3 patents via estoppel
(http://en.wikipedia.org/wiki/Estoppel) We know that lots of other
distributions are including mp3 support (and have been for years, with
no legal repercussions), we're the odd duck out. Thomson has to enforce
that patent for everyone, not just for Red Hat, for it to stay valid. I
say we re-enable mp3 support in Fedora Core 6, and call out Thomson on
their poor patent enforcement.

Estoppel does not invalidate a patent.  It may provide a defense against
an infringement claim, but a patent holder simply not enforcing a patent
against someone else does not give you the right to assert an estoppel
defense.  For the defense to be valid you would have to show that the
patent holder has said or done something that induced you to change your
behavior and that such reliance was reasonable.  Also, please note that
there is nothing in the law that says that a patent holder has to treat
all other parties equally.  A patent holder can choose to license one
person and not license the next.

Mark

Tom 'spot' Callaway wrote:

>On Mon, 2006-05-15 at 12:23 -0400, Max Spevack wrote:
>  
>
>>On Sun, 14 May 2006, Max Spevack wrote:
>>
>>    
>>
>>>Howdy folks,
>>>
>>>The Fedora Project Board meets next Tuesday (5/16), and Matthew Szulik (Red 
>>>Hat CEO) is scheduled to be in on the meeting.
>>>
>>>I've asked the board members to think about some of the topics they'd like to 
>>>discuss with Matthew, but I wanted to throw it out to this list in full. 
>>>What are some of the things you'd all like to see discussed?
>>>
>>>I'm gonna leave it open-ended on purpose for now, rather than seed the 
>>>discussion with my own ideas.
>>>      
>>>
>>Nothing?  Someone's gotta have some Fedora-related topics that you'd like 
>>the guy who runs Red Hat to comment on.
>>    
>>
>
>I'd like to see us take the following actions, and I would be interested
>in Matthew's opinions on them (understanding that he is not a lawyer):
>
>- Force the invalidation of the mp3 patents via estoppel
>(http://en.wikipedia.org/wiki/Estoppel) We know that lots of other
>distributions are including mp3 support (and have been for years, with
>no legal reprocussions), we're the odd duck out. Thomson has to enforce
>that patent for everyone, not just for Red Hat, for it to stay valid. I
>say we re-enable mp3 support in Fedora Core 6, and call out Thomson on
>their poor patent enforcement.
>
>- Implement and include an open source DVD player for Fedora Core 6 to
>challenge the validity of the DMCA. This could take years, but I doubt
>there is a sane minded individual in the Fedora community who thinks
>that the DMCA is a well crafted or just law. The only way we can get
>unjust laws fixed in this country is through careful civil disobedience.
>I would LOVE to see some of our war chest fight this battle, I suspect
>the EFF would jump in alongside us to help.
>
>- Fully enable kernel functionality such as NTFS support, on the grounds
>that the kernel is protected code under the OIN arrangement. Mono was a
>first step, now lets take the next big step. This will be a huge boon
>for desktop users, as we will be able to better support modern Windows
>dual boot environments, and finally be motivated to enable partition
>resizing in the installer, a feature that customers and end-users have
>been long asking for.
>
>~spot
>  
>
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