From mark@primefactor.com Tue, 11 Jul 2000 13:08:37 -0400
Date: Tue, 11 Jul 2000 13:08:37 -0400
From: Mark Shewmaker mark@primefactor.com
Subject: [Patents] [Freesw] gouvernement 'buy up' patents or copyright (fwd)

On Tue, Jul 11, 2000 at 05:38:51PM +0200, Kristoff Bonne wrote:
> 
> I set up this rule, to make sure that open-source projects would not get
> used to 'bypass' patents by competing companies.
> Take the following situation:
> - Compamy A owns a software-patent.
> - Company B want to use it, but does not want to pay for it.
> So, it sets up a open-source project that uses the patent (but does not
> have to pay for it).
> But, as 'initator' of the project, company 'B' gives itself the right to
> use the open-source software in its own closed programs.
> 
> I don't think we want this.
> 
> 
> That is why I would give this special priviledge only to the 'viral' types
> of licences (like GPL) that only allow its code to be used of the 'larger'
> program also use the same license.
> 
> If you would give this privilege to type of licences that allow the code
> to be used in 'closed' code (like the BSD-type of licences) you would just
> end up with the situation as described above.

This is a bit off-topic, but that's also more or less the way I want
the Open Source "Option F" of the Open Patent License, described at
www.openpatents.org, to work.  That is, a patent submitted under that
Option could be used in any Open Source work if:

1.  All other incorporated patents are at least available for use under
    the same license the work as a whole is distributed/used under,
and
2.  That instance of the work as a whole is still distributable under
    an Open Source license.

(ie, if you can't make a new product using that set of patents, or
if the product converts to a closed-source license or is incorporated
in closed source code, then the availability of this patent in "Open
Patent Pool F" won't do you any good--you'll have to get a patent license
some other way--perhaps from one of the other Open Patent Pools, or perhaps
through direct negotiations with the owner.)

BTW, if anyone sees any other conditions that should be in there, please
let me know.  I'm not as concerned about the specific legalisms at
this point; I'm more concerned that there's nothing I forget to ask
the lawyers to verify, once it makes sense to ask for extreme legal
debugging.

 -Mark Shewmaker
  mark@primefactor.com




