Re: mp3

On Thu, 2003-11-06 at 09:49, Dean Anderson wrote:
> While I wouldn't recommend shipping software implementing patented
> software without a licence, there are some things to consider: "a note" on
> their website granting use may be a license, though you probably want a
> paper letter confirming the authenticity and terms of the grant.  A
> message that says "We haven't sued anyone yet" is really a notice that
> they may sue in the future, so you are "on notice". Beware.  Patent issues
> are mostly orthogonal from copyright issues. The GPL allows distribution
> of software which implements patented algorithms, so long as a royalty
> free license exists.

I understand this, however, to the best of my knowledge, Thomson has
never granted royalty free use or distribution of their patents to
anyone, GPL or commercial. Their website at http://www.mp3licensing.com/
seems to be pretty clear on this, I couldn't find any exceptions for
non-commercial software.

> The GPL only denies distribution of software which is encumbered and not
> free. Just because software is patented, does not mean it is not free,
> however. The LPF considered creating a software trust of software patents
> that we would then license for free.  Under the current US law, this may
> seem like a frivolous endeaver, since published prior art can invalidate a
> patent. If you invent something, and publish that invention, no one else
> can patent it.  However, under the GATT treaty, the US agreed to harmonize
> patent law to be first-to-file.  So, in the future, one will have to
> patent everything that is patentable, else someone may come along later
> and patent it.  This is much worse, since it will become expensive to
> produce even free software.  I don't expect that this will be stopped in
> the US, although the "web site closed due to patents" campaign seems to be
> working in Europe.

Yep. Fun stuff.

I sent an email to [email protected] asking for clarification on
whether a royalty-free license grant exists or not, we'll see if
something comes back to correct my assumptions.

Thanks,

~spot
---
Tom "spot" Callaway <tcallawa(a)redhat*com> LCA, RHCE 
Red Hat Sales Engineer || Aurora SPARC Linux Project Leader

"The author's mathematical treatment of the conception of purpose is
novel and highly ingenious, but heretical and, so far as the present
social order is concerned, dangerous and potentially subversive. Not to
be published." -- Aldous Huxley


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