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Re: Does GNUstep infringe on Apple's Intellectual Property?


From: John Anderson
Subject: Re: Does GNUstep infringe on Apple's Intellectual Property?
Date: Mon, 25 Aug 2003 10:10:57 -0400

Scott,

Thanks for the response. Frankly , I think you are hitting the nail on head.

- John


PS: By the way, the discuss GNUstep list-server is posting my messages with up to a 12 hour delay.



On Monday, August 25, 2003, at 9:21 AM, Scott Christley wrote:


John,

I grappled with the same question when I originally got involved with GNUstep back in the mid-90's. The answer to the question is clearly yes. If you were to look at the original OpenStep specification, you will see that it has NeXT's copyright on it with no mention of a license, which means that all rights are reserved. I had contacted NeXT back in those days about a license for GNUstep development, but they declined to respond. They were more interested in companies who could infuse them with large chunks of cash, like Sun did when OpenStep was briefly available for Solaris. To make matters worse, Apple has patented any number of technologies in use in OpenStep; the target-action paradigm is one example.

Considering all this negativity, one might wonder why Apple hasn't shut GNUstep down yet. There are plenty of speculative answers:

* No significant commercial entity to sue.
* Apple has to show financial damages and hardship; Apple stock and revenues don't seem to be impacted much by GNUstep.
* Apple is "friendly" towards open source groups.

My personal opinion is that Apple does not consider GNUstep a threat. The implementation is incomplete and lacks the final polish of OS X, plus there aren't droves of OS X software companies porting their software. If many years down the road, GNUstep does become a considerable commercial force and Apple's fortunes have waned; then it is perfectly reasonable that they could "pull a sco". Then again, if some commercial company does make it big with GNUstep, the best favor they could do is buy off Apple and secure GNUstep's future.

cheers
Scott


On Sunday, August 24, 2003, at 08:13 PM, John Anderson wrote:

So, I am sorry to have to ask this question but given the SCO / Linux debacle, it is repeatedly common up in my head. I know that there are lot of good people working very hard on GNUstep, so please do not get pissed off. It is just that this question is not addressed on the GNUstep website, but rather prompted by it. Furthermore, I am relatively new to programming professionally and I have been unable to find any detailed information on what exactly went down between Apple and Yellowbox.

To the extent that my future is increasing being tied to Cocoa/OS X, I need to evaluate my other options. I am asking myself, what is my "Plan B." For example, I might decide to invest a lot of time and money into "porting" my Cocoa applications to GNUstep to run them on IBM Power5/6 systems. Am I going to have to worry that Apple has solid legal ground to kill GNUstep at will? Or does GNUstep have some kind of a license from Apple? I mean, it appears clear to me that GNUstep is a derivative work that must violate Apple's copyrights on OpenStep and Cocoa.

Truly yours,
John Anderson
Detroit.



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