Barry Margolin | 1 Feb 2006 03:26
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Re: GPL 3 and patents question

In article <pan.2006.02.01.01.58.56.273020 <at> claudio.ch>,
 Claudio Nieder <private <at> claudio.ch> wrote:

> Let's say I take GPLv3ed Program xyz and add to it some code. I don't
> conduct any investigation about wether my code infringes on any patents,
> as in Switzerland this is a non-issue. So I give modified xyz to a friend
> here in Switzerland, who gives it to person X who lives in the USA.

Section 12 says "if a patent license would not permit royalty-free 
redistribution by all those who receive copies directly or indirectly 
through you, then the only way you could satisfy both it and this 
License would be to refrain entirely from distribution."  However, 
Section 13 contains the following way to get around this in your case: 
"If the distribution and/or use of the Program is restricted in certain 
countries either by patents or by copyrighted interfaces, the original 
copyright holder who places the Program under this License may add an 
explicit geographical distribution limitation excluding those countries, 
so that distribution is permitted only in or among countries not thus 
excluded."

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Barry Margolin, barmar <at> alum.mit.edu
Arlington, MA
*** PLEASE post questions in newsgroups, not directly to me ***
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John Hasler | 1 Feb 2006 04:10

Re: GPL 3 and patents question

Barry Margolin writes:
> Section 12 says "if a patent license would not permit royalty-free
> redistribution by all those who receive copies directly or indirectly
> through you, then the only way you could satisfy both it and this License
> would be to refrain entirely from distribution."

He neither needs nor has a license so this does not apply.
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John Hasler 
john <at> dhh.gt.org
Dancing Horse Hill
Elmwood, WI USA
Claudio Nieder | 1 Feb 2006 12:37
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Re: GPL 3 and patents question

Hi,

>> Section 12 says "if a patent license would not permit royalty-free
>> redistribution by all those who receive copies directly or indirectly
>> through you, then the only way you could satisfy both it and this License
>> would be to refrain entirely from distribution."
> 
> He neither needs nor has a license so this does not apply.

It the second part it says: "The sole purpose of this section is to
protect the integrity of the free software distribution system."

I hope it is not understood as absolute protection, but only against
redistributor who wants to restrict source redistribution on purpose
through patent licence they own.

claudio
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Claudio Nieder, Kanalweg 1, CH-8610 Uster, Tel +41 79 357 6743
yahoo messenger: claudionieder aim: claudionieder icq:42315212
mailto:private <at> claudio.ch                http://www.claudio.ch

Gmane