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Sam Johnston  
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 More options May 4, 8:47 pm
From: Sam Johnston <s...@samj.net>
Date: Tue, 5 May 2009 02:47:22 +0200
Local: Mon, May 4 2009 8:47 pm
Subject: Re: Eucalyptus

On Tue, May 5, 2009 at 2:32 AM, Reuven Cohen <r...@enomaly.com> wrote:
> I'm impressed a pre-revenue company managed to raise $5.5m basically
> implementing others software & API's. One of the reasons we haven't
> implemented the EC2 API for our Enomaly ECP isn't because it's difficult but
> because we have no assurances from Amazon that they won't sue us for our
> implementation. Now that Eucalyptus has gone legit, what's stopping Amazon
> from sending a cease and desist? If amazon publicly said "you are free to
> implement the EC2 API within your platform" with a clear picture of their
> related patents, we'd have it ready in a few weeks. Problem is most of my
> conversations with Amazon have indicated otherwise.

> My other issue with basing our API on EC2 without a public roadmap is we're
> going to be always a few steps behind scrambling everytime there is a new
> feature released. Working against our own roadmap is hard enough.

Actually the intellectual
property<http://www.fsf.org/licensing/essays/not-ipr.xhtml>issues are
potentially worse than that:

   - *Copyrights* (specifically section 3.3 of the Amazon Software
License<http://aws.amazon.com/asl/>)
   prevent the use of Amazon's "open source" clients with anything other than
   Amazon's own services.
   - *Patents* pending like
#20070156842<http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=...>cover
the Amazon Web Services APIs and we know that Amazon have been known
   to use patents
offensively<http://en.wikipedia.org/wiki/1-Click#Barnes_.26_Noble>against
competitors.
   - *Trademarks* like
#3346899<http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77054011>prevent
us from even referring to the Amazon APIs by name.

Standardising on Amazon's APIs is perilous to say the least so it's no
surprise that <http://open.eucalyptus.com/> "*the infrastructure is designed
to support multiple client-side interfaces*". Here's what Rich had to
say<http://%5B2001:4860:a005::84%5D/search?q=cache:R7HEehswPtEJ:eucalyptus. cs.ucsb.edu/discussion/1/4%3Fdiscussion_action%3Dset-display%3Bdisplay%3Dfl at-desc+eucalyptus+ec2+patent&cd=3&hl=en&ct=clnk&client=firefox-a>on
the subject a year ago:

> *Hi Harald, *

> * Your question is a good and very important one. We have spent some time
> with the UCSB legal department trying to make sure we aren't violating
> anyone's IP. More importantly, it is definitely not our intention to harm
> Amazon's interests in any way. In fact, our intention is quite the opposite.
> We hope that EC2 will become even more popular based on experience with
> Eucalyptus. With that said, Universities are extremely resource
> constrained in this regard (and Amazon is not) so we may get squashed in the
> end. *

> * However, here is our (perhaps imperfect) understanding. There are three
> areas if IP in play: copyright, trademark, and patent. In terms of
> copyright, we have not directly incorporated anything from Amazon into
> Eucalyptus (not even the WSDL). Amazon makes its WSDL publicly available
> and it does not appear to be copyrighted (at least, we couldn't find
> anything even hinting that it was copyrighted) but even so, we do not
> include it -- not even for the purpose of generating the code for the web
> services front end. However it is absolutely true that the hand-written code
> for the front-end was written with an understanding of the WSDL. Turns out
> that the internals of the Eucalyptus front end are set up to support more
> than just the EC2-generated messages so there is not a completely direct
> mapping but if it does turn out that the WSDL is copyrighted, there may be
> an issue here with Eucalyptus as a derivative. *

> * As far as trademark goes, we can't find anything that indicates
> trademarks associated with the function names or message names. We didn't
> spend a lot of time trying to obfuscate the internals so there may some
> overlap. If that is a sticking point, we will certainly rename everything.
> *

> * Finally -- patents. Again, we did some due diligence and we couldn't
> find anything to indicate that what EC2 is doing is patented. There are
> parts of S3 that are patented (notice that we don't have S3 support in
> Eucalyptus) but it may also be that the patents are pending so our search
> didn't pick them up. If they are, Eucalyptus (and pretty much every other
> cloud computing infrastructure, I suspect) will need a license from Amazon.
> *

> * Cheers, *

> * Rich *

> On Mon, May 4, 2009 at 8:06 PM, Chris Marino <
> christopher.c.mar...@gmail.com> wrote:

>> Considering the interest in EC2 on this forum, I expected a lot more
>> interest in Eucalyptus.....

>> I think its great they got financing.  It was pretty clear that's the
>> direction they were headed for a while now and this confirms it.  As for
>> their future, IMHO, they run the risk of pursuing a 'boil the ocean'
>> strategy. If they've shooting for AWS cloud-bursting kinds of opportunities,
>> they've got got flesh out their offering with S3, EBS, SQS, etc. etc. etc.

>> In the meanwhile, what good is that stuff going to be inside an
>> enterprise? So are they going to work with existing enterprise storage,
>> messaging and visualization?  What about the other PaaS folks?

>> I read some of their documents and inside, in addition to their code,
>> there's a great big seaming pile of software: Virtual Ethernet,  DBs, ESBs,
>> Hibernate, Axis, etc. And it all runs in user space, which is a double edge
>> sword, for sure.

>> There's some competition as well....

>> Haven't really got an opinion on this yet, but it sure is one of the more
>> interesting developments we've seen in a while and has the potential for
>> high impact.

>> CM

>> On Mon, May 4, 2009 at 5:53 AM, Boris Quiroz <bo...@insert-coin.org>wrote:

>>> 2009/5/4 Diego Parrilla Santamaría <diego.parrilla.santama...@gmail.com
>>> >:
>>> > "Eucalyptus Systems promises to sell enterprise-grade products based on
>>> > Eucalyptus..."

>>> > So the current version of Eucalyptus is not enterprise-grade???

>>> > Sorry, but I'm a bit confused about the roadmap of Eucalyptus
>>> Systems... Are
>>> > they going to sell Support Services or Premium Products?

>>> Yes, they are.
>>> http://www.eucalyptus.com/enterprise/

>>> > Diego Parrilla Santamaría
>>> > Business Development Manager & Product Technology Strategist at Abiquo.
>>> > +34 620 57 81 46
>>> > mailto:dparri...@abiquo.com
>>> > skype:diegoparrilla
>>> > www.abiquo.com

>>> > On Mon, May 4, 2009 at 4:10 AM, tluka...@exnihilum.com
>>> > <tluka...@exnihilum.com> wrote:

>>> >> In case not everyone has seen this, I thought I'd pass it along:

>>> >> "Open source cloud platform is commercialized by its creators" @

>>> http://www.infoworld.com/d/cloud-computing/open-source-cloud-platform...

>>> >> TL

>>> --
>>> http://boris.insert-coin.org
>>> AADB 52A9 8C6B 1C73 D0C4  570E 952C 2DC1 D1D0 A4E7
>>> gpg --keyserver pgp.mit.edu --recv-key D1D0A4E7
>>> Xen Community Member


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