From rubini@linux.it  Thu Jan  4 22:43:29 2001
Date: Thu, 4 Jan 2001 23:43:29 +0100
From: Alessandro Rubini rubini@linux.it
Subject: [Patents] patent pools enforcing per-copy-licensing mode of software development

Hello.

> They publish a library with a GPL license, and they grant a license
> of use of any of their patents on their software as long as you
> don't modify their source code. You can modify it, but then you
> either remove their patented things, modify just unpatented things
> or pay them for a license for their software patents. I guess that's
> legal in the US, but I don't call it free software. The patents void
> the GPL of most of its effect. And I expect it to be ignored by the
> community, so I don't see any advantage for them in doing this. Or
> maybe it is just a dodge to be able to incorporate (link in) free
> software in their product without effectively giving their code back
> (I'm not sure whether the GPL allows for that but maybe it does,
> because the software would be under GPL, although in a useless
> manner).

No, this is not valid use of the GNU GPL. 

>From the Preamble:

	  Finally, any free program is threatened constantly by software
	patents.  We wish to avoid the danger that redistributors of a free
	program will individually obtain patent licenses, in effect making the
	program proprietary.  To prevent this, we have made it clear that any
	patent must be licensed for everyone's free use or not licensed at all.

>From the actual License:

	  7. If, as a consequence of a court judgment or allegation of patent
	infringement or for any other reason (not limited to patent issues),
	conditions are imposed on you (whether by court order, agreement or
	otherwise) that contradict the conditions of this License, they do not
	excuse you from the conditions of this License.  If you cannot
	distribute so as to satisfy simultaneously your obligations under this
	License and any other pertinent obligations, then as a consequence you
	may not distribute the Program at all.  For example, if a patent
	license would not permit royalty-free redistribution of the Program by
	all those who receive copies directly or indirectly through you, then
	the only way you could satisfy both it and this License would be to
	refrain entirely from distribution of the Program.

So use of the GPL is void. And they are not allowed to link in other
GPL'd software.

This is not legal advice, I think you shold contact licensing@gnu.org
about this (I won't, as I don't know the product nor the details).

/alessandro




