Re: [OT] use of patented algorithms in the kernel ok or not?

Linus writes:
> On Thu, 18 Dec 2003, Lennert Buytenhek wrote:

>> What am I to do?  Ignore the patent?  Or should
>> I refrain from submitting the patch I wrote,
>> and look for an unencumbered algorithm instead?
>
> Don't submit, and find an unencumbered algorithm.
> Unless you can get the patent holder to grant a
> license (it does happen).

What about the obvious Kconfig option?

config PATENT_1234567890
        bool "Patent 1234567890"
        default n
        help
          Say Y here if you have the right to use
          patent 1234567890 (the foo patent). Some
          countries do not recognise this patent, an
          educational or research exemption may apply,
          you may be the patent holder, the patent
          may have expired, or you may have aquired
          rights via licensing. Seek legal help if you
          need advice concerning your rights. If unsure,
          say N.

This assumes that the patented algorithm is
important enough to bother with, and we'd all
hope a non-patented alternative is available
for those of us without rights to the patent.


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