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Re: [Richard Stallman <rms@gnu.org>] Re: Debian & BSD concerns



Re:  This patented code

Who owns this patent?  What is the patent?  The patent own can set the
license terms as he/she wishes.

Where you say 'free licenses cannot be revoked':  What is your authority
for that statement?  The licensor can set the terms and conditions upon
which revocation may be a consequence.  

More info please...

NatePuri
Certified Law Student
& Debian GNU/Linux Monk
McGeorge School of Law
publisher@ompages.com
http://ompages.com

On 15 Mar 1999, John Hasler wrote:

> Bruce Sass writes:
> > How's this...  What would happen if I was to have a free program depend
> > on patent code distributed with a free license,...
> 
> This is difficult to answer because I don't know how to formulate a free
> license for a patent.
> 
> > ...then the license of the patent code became non-free at some later
> > date.
> 
> Free licenses cannot be revoked.
> 
> > I'm trying to get at the difference between depending on someone elses
> > library routines (where a license change requires a new release?),...
> 
> Copyright law cares nothing about releases.  It works like this: I give you
> a copy of pppconfig, with the GPL attached.  You now have the right to
> distribute copies of that copy as long as you cmply with the terms of the
> GPL.  The license applies to _that copy_ .  I now give an identical copy of
> pppconfig to someone else, with the Artistic license attached.  She now has
> the right to distribute copies of that copy as long as she cmplies with the
> terms of the Artisitic.  The license applies to _that copy_ .  it doesn't
> matter if the two copies are identical or are different releases.
> 
> Because copyright deals with copying, it is possible to irreversibly
> 'infect' a work with freedom by giving out a copy of it attached to a
> license that grants the recipient the right to distribute copies if and
> only if he agrees to grant all recipients of his copies the same rights he
> received.
> 
> I'm not yet sure how to accomplish the same thing with a patent.  You must
> understand that the whole notion of freedom is antithetical to intellectual
> property law.  The IP lawyer's idea of a license is an agreement between
> the owner of the IP and an individual licensee in which the licensee is
> granted limited rights in return for money.
> 
> > I'm trying to get at the difference between depending on someone elses
> > library routines (where a license change requires a new release?), and
> > depending on patent code (where the license may change without a new
> > release?).
> 
> One does not patent code.  One patents an algorithm (though the IP lawyers
> deny it).
> 
> This discussion belongs on debian-legal.
> -- 
> John Hasler                This posting is in the public domain.
> john@dhh.gt.org		   Do with it what you will.
> Dancing Horse Hill         Make money from it if you can; I don't mind.
> Elmwood, Wisconsin         Do not send email advertisements to this address.
> 
> 
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