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Re: Non-US and patents



On Mon, Aug 02, 1999 at 06:20:45PM +0200, Peter Makholm wrote:
> I've packaged the international kernel patch for non-us but there is
> some problems with the copyrights:
> 
> Case 1:
> +/* This is an independent implementation of the MARS encryption        */
> +/* algorithm designed by a team at IBM as a candidate for the US       */
> +/* NIST Advanced Encryption Standard (AES) effort. The algorithm       */
> +/* is subject to Patent action by IBM, who intend to offer royalty     */
> +/* free use if a Patent is granted.                                    */
> 
> This is OK to put into non-us/main. Not because free use is granted
> but because we don't care about us-patent rules in non-us.

If the patent affects anybody, it goes into non-free.  This means that if
China grants M$ a patent for kernels, linux becomes non-free as far as the
our current policies are concerned.

Now when several people tell me that's not so I'm going to immediately ask
why then do US patents mætter?  What's the difference between a patent in
the US and in China?  Or Russia?  Or South Africa?  Hell, the way policy
is currently worded anyplace that makes software legally difficult to
distribute makes it non-free.  I tried to change this but too many people
had issues with changing it.

I do NOT like the current policy.  It's hypocritical and unreasonable.  It
also ties free software to things that are beyond the author's control and
is a senseless handicap we have placed on ourselves that nobody else is
doing even though they don't have an infrastructure to legally work around
it.  OTOH we _DO_ have an infrastructure to work around it and we won't..

Outside the US, GIFs are perfectly free.  Even RMS thinks so.  But in the
US the LZW patent makes them non-free.  And yet we have gif tools in
non-free because of the stupidity of the US government even though pandora
can distribute them in main, where they belong as far as the rest of the
world is concerned.

Granted mp3 and idea are a little harder because they're patented in more
places, but we're not even talking about how to resolve the problem
anymore.  The closest we've come was talking about marking non-free
package somehow with our opinions of why we think it fails to meet the
DFSG and someone suggested that it could be used also for export controls
and patents..  That's as far as it got.  =<

-- 
Joseph Carter <knghtbrd@debian.org>             Debian GNU/Linux developer
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