Forum OpenACS Q&A: Response to the dilemma of competition in development of ACS

Hello Talli and Don,

I think you both accurately state the general status of legal aspects of development:

1. ideas are not patentable, ways of solving problems are.

2. "black helicopters" don't make strong legal argument (but FSF does have its agents)

3. Portions of vertical applications (with strong horizontal foundations) are patentable (related to the modules in question).

4. Unlimited monetary resources to buy legal representation tends to win patent cases.

5. Although there is confidence in the current aD administration, the environment can change.

6. Stopping access to aD development code increases legal standing.

Talli, previous clients would welcome any assistance toward the common goal. One client resembled a scenario not too much different than "the little mouse that roared", so it's the competition (multinational corporations with big pockets) that might seek to take advantage of any anti-competition loopholes (a historical pattern of behavior).

Don, your succinctly stated description of the "viral affect of the ADPL on the GPL" highlights the underlying process of my concerns, because:

Even though OpenACS developers voluntarily isolate themselves from ACS Java 4.6+, aD developers have *no* incentive to isolate themselves from OpenACS. In fact, with rapid development and resources, the situation could easily look like a slow build of a TCL version replicates the methodology of the Java one --even though the TCL one starts first. As I stated before, no idea is original. Certainly academic resources could dig up a historical figure that operated on a similar set of solutions --precluding any dated documation tracked during development. As you stated, patents are based on false assumptions. Anyway, one clearly has a stronger legal posture when one has a completed project, and the other party is still building.

I contacted my inner Buddha (supersymmetry oneness) about this; and His reply echoed "Don't worry, be happy. I'll help you."  Still, my mind could not let go of this, because I feel responsible to clients and their projects (especially when technology development is aligned with GPL). So I went for a night walk around the block to get some perspective and fresh air.  A statuesque figure greeted me at the midpoint of the walk; The flashlight revealed a brown-spotted black cat that immediately demanded my attention --apparently an agent with a message:

"If you are still concerned, use your own sandbox."

Hmm. Good idea! I'll hold back on posting the project until it is in the beta stage (with documentation). This approach prevents the dilemma.

Thanks much for your clarification and help.