[Patents] patent pools enforcing per-copy-licensing mode of software development

[Alessandro Rubini rubini@linux.it]

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