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Call For Transparency In The Trans-Pacific Partnership Negotiation

In this post, three US law professors explain a recent call by over 30 legal scholars for the US Trade Representative to increase transparency for the Trans-Pacific Partnership Agreement intellectual property chapter, and their response to Ambassador Kirk’s response that he is “strongly offended” by the suggestion that the negotiation is not adequately transparent already.





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    EU Okays Proprietary Oracle’s Acquisition Of Open Source MySQL

    Published on 21 January 2010 @ 6:15 pm

    By , Intellectual Property Watch

    US-based software company Oracle can have its Sun and MySQL too, the European Commission ruled today. The subject of an examination since September 2009, the Oracle-Sun merger deal came under scrutiny over anti-competition concerns.

    The fear was that the world’s leading open source database management system, MySQL (controlled by Sun) – and the market for database management systems in general – might be threatened if MySQL was acquired by Oracle, which is a leading seller of proprietary database management systems. The market for databases, explained an EU press release, is highly concentrated and Oracle along with other leading vendors IBM and Microsoft control 85 percent of the market.

    Today EU Competition Commissioner Neelie Kroes said she was satisfied that “competition and innovation will be preserved,” as the investigation found MySQL and Oracle are not competitors in all aspects of the database market and that there is both another open source database that could take MySQL’s place and that so-called ‘forks’ of MySQL (that use the same base code but differ in end product) will still be legally possible even after the acquisition.

    This last point was called naïve in a letter to Kroes dated 19 October 2009, signed by nongovernmental group Knowledge Ecology International, programmer Richard Stallman, and the advocacy organisation Open Rights Group.

    MySQL, says the letter, uses a process of parallel licensing which helps support the continued development of the software as an open source project. This means that revenues of the commercial sales of MySQL – which can only legally be sold by its rights holder – financially support the free project. But “Oracle is under no obligation to use the revenues… to advance MySQL.”

    Oracle publicly announced on 14 December, said the EU release, that it would continue to release MySQL under the free software General Public License, and has backed this up with binding offers to other companies.

    The EU also found that Oracle would not have the ability to prevent access to key intellectual property rights concerning software development platform Java, given the participative nature of revisions to Java, and also would not have the incentive to do so, given that this would “jeopardise the gains derived from broad adoption of the Java platform.”

    Also commenting on this case were the Free Software Foundation Europe, who argued MySQL should be put under the control of an independent, non-profit guardian, an idea expanded on in the blog of FSFE President Karsten Gerloff, and former MySQL CEO Mårten Mickos, who argued in an open letter that the Oracle-Sun deal should be approved by the Commission.

    Kaitlin Mara may be reached at kmara@ip-watch.ch.

     

    Comments

    1. Chila says:

      MySQL then should be forked and supported by a non-profit organization.


    Leave a Reply

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website. By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    We welcome your participation in article and blog comment threads, and other discussion forums, where we encourage you to analyse and react to the content available on the Intellectual Property Watch website.

    By participating in discussions or reader forums, or by submitting opinion pieces or comments to articles, blogs, reviews or multimedia features, you are consenting to these rules.

    1. You agree that you are fully responsible for the content that you post. You will not knowingly post content that violates the copyright, trademark, patent or other intellectual property right of any third party or which you know is under a confidentiality obligation preventing its publication and that you will request removal of the same should you discover that you have violated this provision. Likewise, you may not post content that is libelous, defamatory, obscene, abusive, that violates a third party's right to privacy, that otherwise violates any applicable local, state, national or international law, that amounts to spamming or that is otherwise inappropriate. You may not post content that degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification. Epithets and other language intended to intimidate or to incite violence are also prohibited. Furthermore, you may not impersonate others.

    2. You understand and agree that Intellectual Property Watch is not responsible for any content posted by you or third parties. You further understand that IP Watch does not monitor the content posted. Nevertheless, IP Watch may monitor the any user-generated content as it chooses and reserves the right to remove, edit or otherwise alter content that it deems inappropriate for any reason whatever without consent nor notice. We further reserve the right, in our sole discretion, to remove a user's privilege to post content on our site. IP Watch is not in any manner endorsing the content of the discussion forums and cannot and will not vouch for its reliability or otherwise accept liability for it.

    3. By submitting any contribution to IP Watch, you warrant that your contribution is your own original work and that you have the right to make it available to IP Watch for all purposes and you agree to indemnify IP Watch, its directors, employees and agents against all damages, legal fees and others expenses that may be incurred by IP Watch as a result of your breach of warranty or of these terms.

    4. You further agree not to publish any personal information about yourself or anyone else (for example telephone number or home address). If you add a comment to a blog, be aware that your email address will be apparent.

    5. IP Watch will not be liable for any loss including but not limited to the following (whether such losses are foreseen, known or otherwise): loss of data, loss of revenue or anticipated profit, loss of business, loss of opportunity, loss of goodwill or injury to reputation, losses suffered by third parties, any indirect, consequential or exemplary damages.

    6. You understand and agree that the discussion forums are to be used only for non-commercial purposes. You may not solicit funds, promote commercial entities or otherwise engage in commercial activity in our discussion forums.

    7. You acknowledge and agree that you use and/or rely on any information obtained through the discussion forums at your own risk.

    8. For any content that you post, you hereby grant to IP Watch the royalty-free, irrevocable, perpetual, exclusive and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content in whole or in part, world-wide and to incorporate it in other works, in any form, media or technology now known or later developed.

    9. These terms and your posts and contributions shall be governed and interpreted in accordance with the laws of Switzerland (without giving effect to conflict of laws principles thereof) and any dispute exclusively settled by the Courts of the Canton of Geneva.