software patents (STWL: please comment)
cowan at ccil.org
Sun Nov 14 07:58:15 UTC 2004
Bernhard Fastenrath scripsit:
> No, they don't. Alice has to have a software patent claim in order for
> the paragraph 5 to take effect at all.
Quite so. So add point 0, which is that Alice has a patent of some kind,
not necessarily relevant to her GPLed software.
> Also the STWL is a BSD-style
> license and this case does not apply as Bob can do whatever he wants to
> do with the software Alice wrote as long as he gives credit to Alice and
> observes paragraphs 3 and 4.
You're mixing things up. Alice releases her software under the GPL.
> In order for your example to apply Alice would have to have a software
> patent that applies to a software released under the STWL and sue Bob
> for infringement, which would be rather strange behaviour. You are
> right, however, that this would terminate all Alice's STWL licenses.
You said that if a patent holder sues anyone for any infringement of
her IP, all her STWL licenses are terminated. You did *not* say that
this was limited to an infringement of her patents. Most of us don't
have patents, but most of us do have copyrights.
> Because you want to retain the right to patent any part of your GPL
> software and sue all users of your software?
No. But I reserve the right to sue those who infringe my copyright.
(My name is on a patent, though that patent has nothing to do with
any software I have released.)
Principles. You can't say A is John Cowan <cowan at ccil.org>
made of B or vice versa. All mass http://www.reutershealth.com
is interaction. --Richard Feynman http://www.ccil.org/~cowan
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