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From "Noel J. Bergman" <n...@devtech.com>
Subject RE: Harmony Podlling Quarterly Report
Date Sun, 31 Jul 2005 19:51:07 GMT
Dalibor Topic wrote:

> > IMHO the free software foundation's theory of implicit
> > patent grants being embedded in the GPL is quite novel.

> For a humanely readable description of how it works (by
> a patent attorney), see
> http://www.iusmentis.com/computerprograms/opensourcesoftware/patentrisks/

Amongst the apparent flaws in that is a disregard for submarine patents,
where the patent holder infects a codebase with patents with the intent of
later enforcing them.  The belief that the patent holder cannot enforce the
patents because they are co-dependent on the codebase seems foolishly naive.

Consider that Microsoft has its own implementation of .NET.  Contributing to
Mono would in no way prevent Microsoft from later enforcing its patents.  It
would simply spread the infection further and faster, particularly if people
accepted your reading as legally applicable.

At least that is my understanding.  Roy can certainly correct me if I am
wrong on particulars.

Not that ANY of this has anything to do with the subject.

	--- Noel


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