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From "robert burrell donkin" <robertburrelldon...@gmail.com>
Subject Re: [Draft] New ASF/JCP Policies
Date Tue, 03 Jul 2007 20:02:48 GMT
On 7/3/07, Dain Sundstrom <dain@iq80.com> wrote:
> On Jul 3, 2007, at 12:31 PM, robert burrell donkin wrote:
>
> > On 7/3/07, Dain Sundstrom <dain@iq80.com> wrote:
> >> On Jun 29, 2007, at 1:25 PM, William A. Rowe, Jr. wrote:
> >>
> >> > If someone can modify our code, recompile and use a non-TCK'ed
> >> build
> >> > of Harmony, are /they/ in violation of the same patents that
> >> > applied to
> >> > our binary TCK'ed build?  If so, that code does not meet our
> >> > definition
> >> > of open source, and the entire discussion is moot.  (I'm not
> >> talking
> >> > about the finer points of extending the source code to trigger
> >> those
> >> > patent clauses which *weren't* granted by an official
> >> implementation;
> >> > simply changing the code to accomplish the same thing more
> >> > efficiently,
> >> > or with fewer bugs.)
> >>
> >> This is my biggest concern.  FWIU, when you work with the source
> >> directly (modify it or compile it), you loose the rights to use all
> >> of the patents that were granted to the certified binary.
> >> Additionally, since the certification kit and certification mark are
> >> not available under an open license, you have to go to the owner with
> >> wallet open.
> >>
> >> I'm not sure why the FSF guys like the GPLed JavaVM since you have
> >> restricted rights to modify the source.
> >
> > the FSF believes that the GPL gives an implied patent grant
>
> Even if it did, Sun can't explicitly or implicitly grant the right to
> use patents which it doesn't own (or have a license to grant).  For
> example, if Sun's license for the Kodak patent has FOU restrictions
> the GPL doesn't magically remove those restrictions.

AIUI the FSF would argue that if sun cannot obtain such licenses then
they must refrain from distributing under the GPL at all

- robert

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