ietf-mxcomp
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Re: Sendmail releases open source Sender ID milter for testing

2004-08-31 12:28:43

I personally don't think Sourceforge is a distributor in this case. They
are merely a courier, like FedEx. If I FedEx a CD containing a SenderID
implementation to my buddy across town, does FedEx have to sign the MS
license? Obviously not.

Bad analogy.  Sourceforge itself may be a carrier, but whoever runs the
project is the distributor.  And since they are distributing to untold
numbers of folks without any permission required, it is much more broad than
FedEx and its very targeted distribution to the addressee as specified by
the paying party.  Besides, with all of the napster effect, sourceforge
would most certainly be considered a distributor.  They cannot create a
system that makes it easy to share such IP and then claim they have no
responsibility since the entire purpose is to distribute whatever is posted
there.

But in the end, why sign a license for IP that MSFT cannot prove it owns.
It's just an unfounded claim right now unsupported by law.  They must own
the patent first.

Harry