/ "It was a short reference to the fact that it demonstrates the uselessness of those pledges. So it was on-topic. But responding in detail to more comments or questions on TurboHercules would have been off-topic, thus my link to LWN."
More FUD, as has been discussed before IBM did not renege on their pledge, no amount of spin from you will change that. TurboHercules wanted IBM to opensource and/or provide licenses so that IBM's mainframe OS could run on TurboHercules platform to the benefit of TurboHercules. IBM did not wish to pursue this business venture with TurboHercules as it would be detrimental in several ways to IBM.
IBM also pointed that it has invested "many billions of dollars developing its z-architecture" and holds "many intellectual property rights" (I hate that phrase, "intellectual property rights") and has litigated to defend their rights. It then identified a non-exhaustive list of patents related to this matter as requested by TurboHercules. They could have told them to piss-off, but they provided the requested information, and told them they (IBM) had concerns about TurboHercules going forward with their plan. IBM put them on notice regarding their IP concerns in a very businesslike way. Please explain how they should have proceed, if they did not intend give TurboHercules what TurboHercules wanted?
It is pretty straight forward just read the letters and look at what IBM pledged and please stop FUDDING and spinning already. IBM pledged not to sue as related to 500 specific patents, so please show that ALL of the patients related to TurboHercules are within the 500 patents please, before you continue with this TurboHercules nonsense.
Quote by redbeard55: "Another point to remember, all MS would have to do to get around their promise is to sell a .NET patent or two to another company. They would of course get protection from being sued but everyone else . . . soooo sorrrrrry."
"Show me even one other patent pledge or promise, including Red Hat's patent policy, where that wouldn't be just the same thing. This isn't Microsoft-specific at all."
True some risk exist with other companies but, remember a little discussion about the past actions of MS . . . I don't believe that RH ever claimed that Linux was a cancer or threatened to sue Linux users over 200+ patents. Did you just conveniently forget that?
Also, name one other software company that can dominate the industry in desktop area like MS can and promote the use of specific software. There is none and MS has openly declared Linux a "cancer" you don't play nice with cancer do you? MS's past history show the lengths they are willing to go to kill or cripple competitors, even to the extent of breaking the law. MS still is an 800 pound gorilla in this area, so you had better be very, very, careful with your interaction with them and most of the time it is better to stay as far away as possible from the beast, if you are more that a flea. Really dealing with MS is way different than dealing with ANY other company including ORACLE/SUN.
"The "workaround" you just described would presumably even work for the GPLv3."
Uhmm did you forget paragraph 11 of the GPLv3? It may be possible but it would be a much trickier proposition, and would make for an interesting court case. The question would appear to be could the buyer revoke the original grant of non-exclusive, worldwide, royalty-free patent license. If the new buyer wished to monetize the patent, he either didn't perform due diligence or the seller committed fraud. I don't think the end user would be in as near as much danger compared to my scenario.