LWN.net Logo

Look at the steps

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.


(Log in to post comments)

Copyright © 2012, Eklektix, Inc.
Comments and public postings are copyrighted by their creators.
Linux is a registered trademark of Linus Torvalds