Re: MP3 decoder packaged with XMMS

[Daniel James <daniel@64studio.com>]

Hi Michael,

> the Federal
> Circuit ruled that "where, as here, a potential infringer has
> actual notice of another's patent rights, he has an affirmative
> duty to exercise due care to determine whether or not he is
> infringing,"

That's the kind of obligation I was wondering about. GPL section 7 
refers to conditions being imposed for any reason, and I'd say a 
legal duty of care is an imposed condition. The exercise of that duty 
can only lead to the conclusion that royalty-bearing patents and free 
software don't mix well.

I am not a lawyer of course, but I do know that Debian would have a 
tough time denying that it knew patents existed on MP3.   

Cheers!

Daniel