<br><br><div class="gmail_quote">On Dec 9, 2007 8:08 AM, Grayg Ralphsnyder <<a href="mailto:wgrayg@mountain.net">wgrayg@mountain.net</a>> wrote:<br><blockquote class="gmail_quote" style="border-left: 1px solid rgb(204, 204, 204); margin: 0pt 0pt 0pt 0.8ex; padding-left: 1ex;">
<div class="Ih2E3d"><br><br></div>I think that documentation would be covered by copyright and not<br>license. A listing of the actual source code would be covered by the<br>same license as the actual software. If the source code is included in
<br>the documentation, is the documentation in its entirety covered by the<br>source code license? That "increase the value of the variable a by one"<br>is an algorithm. What to do with that - copyright, license ? What if
<br>it was the algorithm (method) for Fourier Transform ?</blockquote><div><br>ok, suppose I release documentation under the GNU GPL and document (via source code samples) a method under which I have a patent.<br><br>I would argue that the GPL v2's implied patent licenses would certainly *not* apply here since mere use (
i.e. reading, etc) of the documentation doesn't violate my patent.<br><br>The GPL v3 almost certainly would not apply either. note in section 11;<br>"A contributor's "essential patent claims" are all patent claims
owned or controlled by the contributor, whether already acquired or
hereafter acquired, that would be infringed by some manner, permitted
by this License, of making, using, or selling its contributor version,
but do not include claims that would be infringed only as a
consequence of further modification of the contributor version. "<br><br>Documentation can describe patents without infringing (otherwise downloading the patent application itself could infringe ;-) ). and making the patent work with software would only occur in the case of further modification. Hence there is no slippery slope here.
<br><br>Similarly, I would think that if a contributor added lines of code relating to their patents but commented them out, the GPL would not give you permission to uncomment them.<br><br>IANAL though.<br><br>Best Wishes,
<br>Chris Travers<br></div></div><br>