Re: RTLinux patent
Hi,
On Sun, Oct 15, 2000 at 11:09:07PM +0100, Edmund GRIMLEY EVANS wrote:
> andreas.franzen@ewetel.net <andreas.franzen@ewetel.net>:
>
> > the package rtlinux contains RTLinux. This is a real-time layer below the
> > Linux kernel to provide a Linux operating system with real-time
> > capabilities.
> >
> > In the documentation of version 3.0 of RTLinux a patent is mentioned
> > (US Patent No. 5,995,745). This patent covers the underlying principle of
> > RTLinux.
> >
> > Thus, the use of RTLinux has legal restrictions, and RTLinux must be
> > removed from Debian.
>
> If the patent were only valid in Liechtenstein, would it still have to
> be removed?
No, but distributing/using Debian in Liechtenstein might be difficult.
Depending on the patent laws of that country.
> If the patent were only valid in the USA, would it still have to be
> removed?
No, but it would be moved to Debian non-US so only 'patent safe' servers
outside the USA would carry it. And distributing and using such a package
in the USA would be the responsibility of the individuals doing that.
I don't think the patent issue with rtlinux is that bad.
The FAQ has the following <http://www.rtlinux.org/documents/faq.html#Q5>:
> Q: What's the license? How much do I pay? What about the patent?
>
> A: RTLinux is released under the GPL and can be freely used, modified,
> and redistributed under the terms of that license. If you modify
> RTLinux code, the new code is automatically governed by the GPL.
> However, if you write your code as separate modules, then the license
> for the modules is up to you: GPL, proprietary, whatever.
> RTLinux is also governed by a license to use the base RTLinux mechanism
> under U.S. Patent 5,995,745. The patent license basically reinforces the
> GPL terms. There is no fee for using RTLinux, for using your
> module/applications with RTLinux or for using modified RTLinux code
> under the GPL, as long as things are properly labled and credited.
> If you use some other operating system with this mechanism, you need
> to discuss licensing terms with us. If you want out of the GPL, you
> need to talk to us as well.
>
> If you violate or evade the terms of the GPL or our copyright, you have
> invalidated this license to use the patented mechanism.
> Our license applies only to the combination of RTLinux with Linux, and
> we do not automatically license any other use of the mechanism.
> We are very sympathetic to GPL uses of the patent license.
And the rtlinux-3.0/PATENT file says:
> US Patent 5,995,745 covers the basic mechanism underlying RTLinux.
> There is a royalty free license of this patent for use with the combined
> open source GPL licensed versions of the Linux operating system released
> by Linus Torvalds and RTLinux the RealTime Linux operating system released by
> Finite State Machine Labs Inc (FSMLabs).
>
> For legal details on the license, please contact business@fsmlabs.com
So it seems that using the patent in any GPL program in one way or another
derived from the linux kernel allows you to use the patent. Since the
GPL is a free software license this seems to allow any use in all
such free software.
Cheers,
Mark
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