[Patents] Third Paradigm between Patent and Copyright

[David D Gray ddgray@armadce.demon.co.uk]

Bernard Lang wrote:
> 
> On Sun, Oct 01, 2000 at 09:06:27PM +0200, PILCH Hartmut wrote:
> > > > http://swpat.ffii.org/stidi/basti/indexen.html
> > > >
> > > >
> > > >    The owner of a logilege (logical innovation use privilege) 
> > > > discloses
> > > >    an innovative abstract-logical method and enjoys exclusion rights 
> > > > on
> > > >     1. application of the method for commercial purposes
> > >
> > > Unacceptable. Violates Article 1 of the Open Source Definition. Those
> > > formally, or informally, bound to a covenent that permits them the use
> > > only of software that meets all the criteria of the OSD would still be
> > > in the position of using the software in full compliance with that
> > > understanding or not at all.
> >
> > Indeed it is intended to mean that once an algorithm is logileged, any
> > software encumbered by it would enter the "semi-free" or "non-free"
> > directory hierarchy for three years.
> 
> This fits the chronodegradable licence model, as used by ghostscript
> and apparently codoned by RMS (as far as I know): "This software is
> not GPL, but will be at such date"
> 

For an individual app perhaps, but as far as I know there is no patent
restricting the Ghostscript algorithms, it's just the licensing. Anyone
is free to develop an alternative implementation (and there are at least
a couple, even if less competent). I don't think RMS (or free software
foundationist) would condone the scenario where it is the actual
algorithm that is protected.

Also a program with functionality covered by logilege _could_ be covered
by the GPL. The GPL clearly dissociates its licensing conditions from
patent issues. You either distribute the program in full accordance with
GPL or not at all. GPL does not give exclusion for patent
considerations. For example, the LAME mp3 encoder is GPL, but the law
may still limit its distribution/use if the jurisdiction has a patent
covering it. See:

http://www.mp3dev.org/mp3/



Respectfully

DD Gray