Bill,
     
    I am trying to mend broken bridges. I could use your help.
    Please read below.
     
    Cheers,
    Ray
    ----- Original Message -----
    From: "Martin Berz" <berz@xxxxxxx <mailto:berz@xxxxxxx>>
    To: <rbk@xxxxxxxxxxxxx <mailto:rbk@xxxxxxxxxxxxx>>
    Cc: "'interval'" <reliable_computing@xxxxxxxxxxxxxxxxxxxxxx
    <mailto:reliable_computing@xxxxxxxxxxxxxxxxxxxxxx>>
    Sent: Tuesday, September 29, 2009 11:49 AM
    Subject: RE: [Reliable Computing] Re: Impact of Walster's
    interval patents
    > Baker,
    >
    > I am not sure if you had read my previous message carefully.
    >
    > It would be hard to believe that it is your opinion that it's
    not a big
    > problem if US government funding agencies don't want to be
    involved in
    > interval related work because of the influence of SUN patents.
    I tried to
    > explain that this is the situation we find ourselves in and the
    key source of
    > our problem.
    >
    > Perhaps it is useful if all those individuals who have received
    funding from
    > SUN and/or have signed contracts spelling out obligations they
    may have
    > against SUN disclose this.
    >
    > Sincerely,
    >
    > Martin
    >
    >> -----Original Message-----
    >> From: owner-reliable_computing@xxxxxxxxxxxxxxxxxxxxxx
    <mailto:owner-reliable_computing@xxxxxxxxxxxxxxxxxxxxxx>
    >> [mailto:owner-reliable_computing@xxxxxxxxxxxxxxxxxxxxxx] On
    >> Behalf Of Ralph Baker Kearfott
    >> Sent: Tuesday, September 29, 2009 11:07
    >> To: berz@xxxxxxx <mailto:berz@xxxxxxx>
    >> Cc: 'R. Baker Kearfott'; 'interval'
    >> Subject: Re: [Reliable Computing] Re: Impact of Walster's
    >> interval patents
    >>
    >> Martin et al,
    >>
    >> Excuse me, but I'm trying my best to stay out of the fray.
    >> My main point was that I don't see a big problem specifically
    >> with the Sun patents, but you (or Arnold) are free to take a
    >> different point of view, including expressing opinions and
    >> fighting patents legally, if either of you feels it is best
    >> use of your time.
    >>
    >> That said, I welcome refutations of any statements that
    >> appear to be misleading or inaccurate, as long as the
    >> exchange remains collegial.
    >>
    >> Sincerely,
    >>
    >> Baker
    >>
    >> Martin Berz wrote:
    >> > Baker and all,
    >> >
    >> .
    >> .
    >> .
    >>
    >> > In summary, the above quoted exchange between Neumaier and
    >> Kearfott is
    >> > quite off base.  Specifically, I reject the notion that I
    >> am imposing
    >> > any ban on this community out of my own judgment. In
    >> particular, all
    >> > this mess is not created by us, but rather firstly by those
    >> that stake
    >> > unfounded claims about invention of interval methods, and
    secondly
    >> > because of the legal consequences for contractual work
    >> their actions have.
    >> >
    >> > Best regards,
    >> >
    >> > Martin Berz
    >> >
    >> >
    >>
    >>
    >> --
    >>
    >> ---------------------------------------------------------------
    >> R. Baker Kearfott,    rbk@xxxxxxxxxxxxx
    <mailto:rbk@xxxxxxxxxxxxx>   (337) 482-5346 (fax)
    >> (337) 482-5270 (work)                     (337) 993-1827 (home)
    >> URL: http://interval.louisiana.edu/kearfott.html
    >> Department of Mathematics, University of Louisiana at
    >> Lafayette (Room 217 Maxim D. Doucet Hall, 1403 Johnston
    >> Street) Box 4-1010, Lafayette, LA 70504-1010, USA
    >> ---------------------------------------------------------------
    >>  
    Baker, Martin, Reliable Computing Group:
    Ralph Baker Kearfott wrote:
    > My main point was that I don't see a big problem specifically
    > with the Sun patents,
    Working at a European university still some way out reach of US
    patent
    claims, I'm not feeling personally threatend by Sun's claims.
    Nevertheless, if these claims directly or indirectly interfere
    with the
    further development and distribution of the COSY software and with
    past, present or future cooperations of Martin Berz and Kyoko Makino
    with other members of our community, then I see a big problem
    with these
    claims.
    > but you (or Arnold) are free to take
    > a different point of view, including expressing opinions and
    > fighting patents legally, if either of you feels it is best
    > use of your time.
    Martin's mails didn't give me the impression that he was keen on
    court
    procedures, but that these patent claims substantially hamper his
    scientific progress.
    Best regards,
    Markus
    Markus,
    Yes, you are right.  (See my subsequent email.)
    It's a shame.
    Baker
    Markus Neher wrote:
    .
    .
    .
    > Martin's mails didn't give me the impression that he was keen
    on court
    > procedures, but that these patent claims substantially hamper his
    > scientific progress.
    >
    > Best regards,
    >
    > Markus
    >
    >
    -- 
    ---------------------------------------------------------------
    R. Baker Kearfott,    rbk@xxxxxxxxxxxxx   (337) 482-5346 (fax)
    (337) 482-5270 (work)                     (337) 993-1827 (home)
    URL: http://interval.louisiana.edu/kearfott.html
    Department of Mathematics, University of Louisiana at Lafayette
    (Room 217 Maxim D. Doucet Hall, 1403 Johnston Street)
    Box 4-1010, Lafayette, LA 70504-1010, USA
    ------------
    Martin Berz wrote:
    >> Arnold Neumaier wrote:
    >>> How does this affect the ban that Martin Berz imposed on
    members of
    >>> the interval community regarding the use of his COSY software
    because,
    >>> allegedly, we have been not fighting enough these patent issues?
    > There is no "ban" that "I" am imposing. The rules we are
    currently following
    > were imposed by our funding agencies and are not the results of our
    > discretionary judgment. COSY is supported by the US federal
    government through
    > various grants. As such, it must not use proprietary technology
    of companies
    > without proper licensing agreements in place, which is
    something these
    > contracts are very clear about. The claims of ownership of SUN
    of much of the
    > interval algorithms would mean extensive needs for license
    contracts from SUN.
    > Our university MSU is not prepared to undertake this for a
    variety of reasons,
    > in particular because doing so even cements the notion that SUN
    and related
    > entities are the rightful owner of the corresponding interval
    methods.
    > Furthermore, we are not believers in overgrowing licensing
    agreements for pure
    > scientific research in the first place and want to limit them
    to the minimum
    > possible.
    >
    > As a remedy to the highly unclear ownership situation, our
    funding agencies
    > have asked us to strictly curtail exposure to the interval
    community as a
    > whole, until this matter is better sorted out.
    So the ban was imposed by you upon a request of your funding
    agencies.
    The funding agencies neither own nor distribute COSY, hence cannot
    ban its use except by winning your cooperation to do so. You were
    asked,
    and you complied out of fear or other considerations. You could
    as well
    have questioned the reasonableness of the request or its
    efficiency in
    reaching a rational goal, and negotiated a consensus more friendly
    towards the interval community.
    But there is no rational goal behind the ban. Neither the use nor the
    not-use of COSY by members of the interval community makes the
    slightest
    difference to whether or not COSY and its future development
    infringes
    on SUN's patent rights, and hence whether or not it is affected
    by the
    SUN patents.
    And by beating the interval community for the wrongs done by SUN you
    (and those whose money supports your research) you harm the wrong
    institution! This is ethically questionable.
    > One must recognize that there is no homogeneous "we" at all in
    this matter,
    > but rather various individuals operate under different boundary
    conditions.
    >
    > * We at MSU follow the rules imposed on us by our government
    contracts.
    Maybe you'd disclose these rules in so far as they forbid interaction
    with the interval community. It would be interesting to see the
    formulation and their legally binding content. The interval community
    does not exist as a legal subject; so it is completely up to your
    discretion to define the content and boundary of the ``interval
    community as a whole''. You can probably freely decide whom to
    consider
    a part of it.
    But by any reasonable definition you belong to the interval community
    since you and some others from your group published a number
    of significant papers in the area and participated in a number of
    interval-oriented conferences, even as a main speaker. Thus to
    fully comply with the request of your funding agencies you'd ban
    yourself and your group from using COSY!
    > In summary, the above quoted exchange between Neumaier and
    Kearfott is quite
    > off base.  Specifically, I reject the notion that I am imposing
    any ban on
    > this community out of my own judgment.
    You endorsed and executed the poor judgement of those who had
    asked you
    to strictly curtail exposure to the interval community as a whole.
    Thus you carry the responsibility for it.
    Arnold Neumaier
    -------------------------------
    Markus Neher wrote:
    >> but you (or Arnold) are free to take
    >> a different point of view, including expressing opinions and
    >> fighting patents legally, if either of you feels it is best
    >> use of your time.
    >
    > Martin's mails didn't give me the impression that he was keen
    on court
    > procedures, but that these patent claims substantially hamper his
    > scientific progress.
    The problem is that he felt justified by that to comply with a
    misguided request of his funding agencies that substantially hampers
    the scientific progress of the ``interval community as a whole''
    in the sense he has given to this term.
    Arnold Neumaier
    -----------------
    >
    > Martin,
    >
    > No, you are right, I had just skimmed your previous message.
    > It is a very reasonable explanation of your situation.
    .
    .
    .
    > The impact of "Walster's patents" seems to be the opposite of
    > what I believe Sun's original strategy was.  My guess is that
    > both Bill and Sun management are quite dismayed about this.
    > C'est la vie.
    >
    > Baker
    >
    Oui, c'est la vie, but I think there is also a bigger lesson to
    learn: for
    long-term success, there are no shortcuts, and quick tricks don't
    work.
    Martin
    ---------------
    On Tue, Sep 29, 2009 at 1:05 PM, Ray Moore
    <rmoore17@xxxxxxxxxxxxxxx> wrote:
    > Bill,
    >
    > Would you please email or otherwise contact an appropriate
    official at SUN
    > requesting that SUN turn all its interval related patents over
    to the public
    > domain?
    In order to provide community support for Bill's request to Sun
    Microsystems, I suggest that interested members of the interval
    community express their personal endorsement of the concept.  The
    objective being that Bill should be able to act in some sense as a
    representative of our community.
    I hereby tender my endosement.  If further, more specific statements
    would be useful I am willing to provide them.
    It might be beneficial to draft a joint request that individuals
    could
    "sign".  In light of that possibiliy, are there any readers of this
    email list who would object or would abstain from such an expression
    of community preference?
    FWIW,
    Lee Winter
    NP Engineering
    Nashua, New Hampshire
    ------------------------
    Dear Bill,  (Baker and Ray: FYI)
    I echo Ray's request in my strongest possible terms. The
    community very much needs the clarification now. When I worked on
    the Sun interval arithmetic project led by Baker in 1998, we were
    not aware that Sun was going to patent IA. When you requested 
    from me for,  and I sent you,  the source LaTeX file of the
    interval BLAS standard, you did not mention anything related to
    Sun's IA patent. As a university professor, I am always willing
    to contribute my work to the scientific community but not for
    specific interests of any specific venders.
    Chenyi
    >>> "Ray Moore" <rmoore17@xxxxxxxxxxxxxxx> 9/29/2009 12:05 PM >>>
    Bill,
    Would you please email or otherwise contact an appropriate
    official at SUN requesting that SUN turn all its interval related
    patents over to the public domain?
    Thank you very much.
    Ray Moore
    ------------------
    Dear Ray,
     
    thanks; this may have been the most useful message this mailing
    list has seen yet, irrespective of its immediate outcome.
     
    Best wishes,
     
    Martin
        ------------------------------------------------------------------------
        *From:* owner-reliable_computing@xxxxxxxxxxxxxxxxxxxxxx
        [mailto:owner-reliable_computing@xxxxxxxxxxxxxxxxxxxxxx] *On
        Behalf Of *Ray Moore
        *Sent:* Tuesday, September 29, 2009 13:05
        *To:* Bill Walster
        *Cc:* reliable computing
        *Subject:* [Reliable Computing] SUN's interval patents
        Bill,
         
        Would you please email or otherwise contact an appropriate
        official at SUN requesting that SUN turn all its interval
        related patents over to the public domain?
         
        Thank you very much.
         
        Ray Moore
    ------------------
     
    The Sun patents have nothing to do with anything of interest to
    the interval research community.  They *only* have to do with the
    *implementation* of computing with intervals on hardware.  This
    has been a total misunderstanding on the part of people who
    apparently are not well versed in reading patents.
    Nobody at Oracle or Sun would listen to anything I have to say on
    the matter, so it would just be a waste of time.
    Cheers,
    Bill
    Ray Moore wrote:
        Bill,
         
        I sent it to your gmail.
         
        Cheers,
        Ray
        ----- Original Message -----
        *From:* Ray Moore <mailto:rmoore17@xxxxxxxxxxxxxxx>
        *To:* Bill Walster <mailto:billwalster@xxxxxxxxx>
        *Cc:* reliable computing
        <mailto:reliable_computing@xxxxxxxxxxxxxxxxxxxxxx>
        *Sent:* Tuesday, September 29, 2009 1:05 PM
        *Subject:* SUN's interval patents
        Bill,
         
        Would you please email or otherwise contact an appropriate
        official at SUN requesting that SUN turn all its interval
        related patents over to the public domain?
         
        Thank you very much.
         
        Ray Moore