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    Luis Villa

    lu.is · Personal blog · on HN since 2014

    Luis Villa, a technology lawyer, writes about open source licensing, copyleft, Wikimedia, and free software user experience.

    Visit blogRSSHN submissions
    Open Source & LinuxPrivacy & Policy
    What HN says

    HN commenters cite his legal analysis of React's patent clause and his post explaining why contracts use all caps.

    Stats for nerds
    15HN people shared it
    12linked in comments
    22story points
    Apr 2017last shared
    2015people per year2017

    Top posts on HN

    1. 1
      Understanding Wikimedia, Or, the Heavy Metal Umlaut, One Decade On
      1 person · 7 points · first shared 2014 · Discussion on HN
    2. 2
      I am the CADT; and advice on NEEDINFOing old bugs en masse
      1 person · 3 points · first shared 2014 · Discussion on HN
    3. 3
      React’s license: necessary and open?
      2 people · 2 points · first shared 2016 · Discussion on HN
    4. 4
      Copyleft and data: database law as (poor) platform
      1 person · 2 points · first shared 2016 · Discussion on HN
    5. 5
      Freedoms-for-Who, Revisited Briefly
      1 person · 1 points · first shared 2025 · Discussion on HN
    6. 6
      Free-riding and copyleft in cultural commons like Flickr
      1 person · 1 points · first shared 2014 · Discussion on HN
    7. 7
      Taking "post open source" seriously as a statement about copyright law (2013)
      1 person · 1 points · first shared 2024 · Discussion on HN
    8. 8
      On the Importance of Per-File License Information
      1 person · 1 points · first shared 2022 · Discussion on HN
    9. 9
      Public licenses and data: So what to do instead?
      1 person · 1 points · first shared 2016 · Discussion on HN
    10. 10
      Complying with Creative Commons attribution requirements in slides and powerpoint
      1 person · 1 points · first shared 2017 · Discussion on HN

    What HN people wrote when they linked it

    • baghiraMay 2015

      I have to agree. Even Gnome developers described the thing as "putting our balls in Redmond's hands": http://lu.is/blog/index.cgi/531.html. In fact the mono patent situation remained unclear for years, until 2009 if I remember correctly.
      And in 2006 there was the whole Novell-Microsoft kerfuffle, with Ballmer saying that only Suse Linux users were not violating Microsoft intellectual property http://blog.seattlepi.com/microsoft/2006/11/16/ballmer-on-novell-linux-and-patents/.

      So I really would not call the reaction FUD.

      Also, adding my personal experience from that period, I'd say that many Linux desktop users, myself included, were not interested in adding mono as another dependency to the stack, especially to run three applications: a note-taking application (tomboy), photo management (f-spot) or the banshee music player(which, I'm sorry to say, was one of the most crash-happy pieces of gnome).
      Samba and ffmpeg (well, the patented parts thereof) were never meant to be building blocks on which to write a lot free software, they are ways to ensure compatibility with existing closed solutions.
      I have some simpathy for de Icaza's idea that, since C# is a nice programming language, people should be encouraged and helped to use it, but the combination of patents' threat and frankly the "let's just put it in gnome!" approach doomed the effort.
      Also, in hindsight, mono would have (has?) worked better in the entreprise sector, rather than in desktop environment (Ruby is about as…

    • capnrefsmmatMay 2015

      The bold caps are nearly unreadable. All caps is advocated against by many sources, like Typography for Lawyers (http://typographyforlawyers.com/all-caps.html), which specifically calls out bold caps. Even the Mozilla Public License abandoned all-caps for conspicuous text:

      http://lu.is/blog/2012/08/19/a-quick-note-on-conspicuous-text-also-known-as-all-caps/

      Bryan Garner, a noted expert on legal writing (and editor of Black's Law Dictionary), agrees:

      > And the worst conventions in contracts?

      > Caps for contract text that is required to be “conspicuous.” The 9th Circuit has rightly noted that “lawyers who think their caps-lock keys are instant ‘make conspicuous’ buttons are deluded.”

      http://www.abajournal.com/magazine/article/4_vignettes_lead_to_a_single_moral_about_writing_better_briefs

    • acemarkeApr 2017

      You might want to look at the official Facebook FAQ regarding that PATENTS clause ( https://code.facebook.com/pages/850928938376556 ), as well as this legal analysis: http://lu.is/blog/2016/10/31/reacts-license-necessary-and-open/ . I also have links to further discussion on the PATENTS clause in my React links list: https://github.com/markerikson/react-redux-links/blob/master/pros-cons-discussion.md#reacts-patents-license .

    • SomeoneOct 2015

      http://www.shakelaw.com/blog/why-is-your-contract-yelling-at-you-all-caps-in-contracts-explained/

      http://lu.is/blog/2012/08/19/a-quick-note-on-conspicuous-text-also-known-as-all-caps/

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