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Subject: Re: [ebxml-cppa] IBM patent disclosure

At 07:14 AM 4/24/02, Christopher Ferris wrote:
*** First, I believe that IBM has, in fact, responded formally indicating that they will not charge for the licenses to their patents *** includes a copy of an email from Bob Sutor specifically claiming that IBM will not charge for the licenses. I fail to see how you can claim that the cost will not always be zero.

As noted earlier, "I won't charge today" and "I won't charge ever" are different.

As to the assertion that IBM "had a minor role in developing it [CPP/A]", this is about as preposterous claim as one could possibly imagine. Were it not for the efforts of Marty
Sachs, there would have been no CPP/A 1.0 specification on which to base the efforts of the current version. Marty has continued to provide input into the development of this latest
version. To characterize his role in the development of CPP/A as "minor" is an insult and wholly inaccurate.

I strongly second Chris' view here.  In my view, to overlook or downplay Marty's spectacular guidance and leadership in the last 2 years would be wrong on three grounds.
1.  It is churlish.
2.  It is factually incorrect.
3.  It is irrelevant to the validity of intellectual property claims against ebXML 1.0. 

Regards  Jamie

~ James Bryce Clark   
~ VP and General Counsel, McLure-Moynihan Inc.
~ Chair, ABA Business Law Subcommittee on Electronic Commerce  
~ 1 818 597 9475   jamie.clark@mmiec.com    jbc@lawyer.com
~ This message is neither legal advice nor a binding signature.  Ask me why.

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