Response to comments on Intel's proposed BSD+Patent license
Randy Kramer
rhkramer at fast.net
Sun Nov 4 12:52:25 UTC 2001
Russel,
Thanks for your response! I'm not exactly clear on what Intel proposes
for patented software, or the implications thereof, but I imagine that
will become clear as I continue to skim the thread. OK, I went back and
reread some of the thread -- I guess they propose to give a royalty free
license (on the patent) that allows use (only under a GPL'd OS), but not
modification? I guess I have the gist of it and can follow along now!
Thanks,
Randy Kramer
Russell Nelson wrote:
>
> Randy Kramer writes:
> > 1. Use (and modification) of software can be restricted by copyright but
> > might also be restricted by patent (if the software uses something which
> > is patented).
>
> Because U.S. law relating to intellectual property has been corrupted.
>
> > Aside: I would feel cheated (misled, whatever) if I started to use
> > software that was open source (with the rights associated with the open
> > source license applied to that software), but some of those rights were
> > restricted by patent issues, especially if the licensing was so opaque
> > that I didn't realize that until later.
>
> Worse than what Intel is doing (that is, trying to be helpful), is the
> issue of third-party and submarine patents. Intel could write
> software (patented or not), release it under the proposed BSD+Patent
> license, and both you and Intel would be very surprised if someone
> else turned up to also have a patent, or a patent could turn up to
> have been registered but not granted until after you started using
> it.
>
> Intel can't solve those problems but it should be commended for doing
> what it can (even if it isn't doing everything that we think
> possible).
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