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Re: Patent clauses in licenses



On 2004-09-21 10:21:58 +0100 Glenn Maynard <glenn@zewt.org> wrote:

On Mon, Sep 20, 2004 at 03:02:49PM +0100, MJ Ray wrote:
It is bad patent law which favours patent owners. It is fine to use copyright licences to "correct" copyright law, but using copyright licences to "correct" non-copyright law - be it patent law, gun control law or nuclear technology laws - is not.
Why?  What freedoms does this protect?

Respectively: the freedom to prosecute with and defend yourself against patent accusations; the freedom to bear arms; and the freedom to use nuclear technology. Of course, not all jurisdictions allow those freedoms, but that's determined by laws, not by copyright licences.

Why should copyright not be used
to protect free software from patent abuse, just as it's used to protect
against "software hoarding"?

Mainly because most possible uses have unpleasant side-effects in some cases. "Software hoarding" is a description of a copyright-based problem, if you are referring to rms's "Why Software Should Be Free". It seems just to use copyright to solve it. Why should we use copyright against patent law, instead of encouraging patent-afflicted developers to find ways to use patenting against itself?

Similarly, why should copyright not be used to protect free software use from gun abuse and nuclear technology abuse?

--
MJR/slef    My Opinion Only and not of any group I know
 Creative copyleft computing - http://www.ttllp.co.uk/
LinuxExpo.org.uk village 6+7 Oct http://www.affs.org.uk



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