Other problem area for Sun
I really hope I"m wrong, but I’m fairly intuitive, and the feelings reading J. Schwartz on NetApp’s suit today are that he is framing the patent issue wrapping himself in the free software flag much like he has been doing with the current JCP conflict. On the other side, Dave Hitz entry on the same issue looks less demagogic. I really hope I’m wrong, though.
If it was only because a hypothetical Sun that would use their IP aggressively would have all the reasons to choose GPLv2 and to stop the possibilities of a certified JDK under Apache License v2, as the AL v2 has a patent clause much like the GPLv3. This would solve most of the puzzling factor I got when I knew that Sun refused to comply with the JSPA.
Disclaimer: I’m a member of the ASF and I have been an officer in the past, but this blog is strictly individual. Also, I hope information that allows us to tell between both realities is fast and accurate.
Update: PDF of the suit. I'm so grateful Europe has no software patents!

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