Re: RTLinux patent

[owinebar@free-expression.org]

On Mon, 16 Oct 2000, Mark Wielaard wrote:
> On Sun, Oct 15, 2000 at 11:09:07PM +0100, Edmund GRIMLEY EVANS wrote:
> > andreas.franzen@ewetel.net <andreas.franzen@ewetel.net>:
> > 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.

    This is not compatible with the GPL (or the DSFG, I believe).  The
The GPL is about reading, writing, modifying, and distributing software.
It doesn't restrict platform compatibility (or even require functionality
or compilability, for that matter).  And it expressly forbids patents that
restrict the modification rights it grants.  (Otherwise, you might plead
that, technically, the GPL didn't cover use and so is disjoint from any
restraints on running the program, which is what patents cover (i.e. the
device the patents cover isn't actually in existence until the software
runs)).
     Anyway, the GPL is freer than the patent license, so forbids
redistribution (at least in the country in which the patent holds).

Lynn