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



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.
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