Look at the steps
Posted Dec 7, 2006 9:56 UTC (Thu) by
forthy (guest, #1525)
In reply to:
Look at the steps by BrucePerens
Parent article:
Who is being divisive?
I'm a bit confused with the official interpretation of section 7 of
the GPL. The "patent license" there is an example. It's not that
section 7 just talks about how patent licenses ought to be dealt with, it
gives an example how legal issues ought to be dealt with - patent
licenses (for example), convenants (not an example), whatever. Section 7
is just a clarification by example what the rest of the GPL means: You
can't put other contracts in place which allows direct distribution, but
would prohibit redistribution; whatever these contracts are.
So IMHO, a convenant not to sue might violate the GPL once one party
does indeed sue someone else. The issue still is complicated, since
patent holders have the right to discriminate. You can tolerate
violations from party A, and sue party B over the patent, just because
you don't like B's nose, annual turnovers, or whatever. Unlike violating
copyright, violating patents is not a criminal offense.
BTW: By (non-commercially) producing software that's incorporated into
SuSE, I'm covered by the MS-Novell deal. I didn't do anything to it, but
the fact that I'm covered means that I would violate the GPL when I
distribute my software. That would be ugly. Fact is: the patent law is a
minefield.
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