Implicit patent licence
Implicit patent licence
Posted Sep 30, 2010 23:03 UTC (Thu) by coriordan (guest, #7544)In reply to: Implicit patent licence by boog
Parent article: Red Hat Responds to U.S. Patent and Trademark Office Request for Guidance on Bilski
http://www.fsfe.org/projects/gplv3/tokyo-rms-transcript
"""We didn't think this was an issue because in the US, when that company distributes the software under the GPL, they're telling people "We have no objections if you do what the GPL says you can do" and so if they tried to sue those same people for patent infringement later, they would lose.
However, we found out that this is not true all around the World. So GPL version 3 carries an explicit patent licence which is following the lead of the Mozilla Public License. I think that was the first one which contained an explicit patent licence. Basically, all this says is that none of the people who distributed the program on it's path to reaching you can turn around and sue you for patent infringement on the patents that covered the code that passed through their hands.
This is not as broad as it could possibly be, but it seems right because it's pretty much the same as the implicit patent licence that US law gives people."""
