[ros-general] Microsoft wants royalties for use of FAT
Rick Parrish
rfmobile at swbell.net
Sat Dec 6 20:06:23 UTC 2003
KJK::Hyperion wrote:
>> I also don't see anything illegal
>
> in the license you say "you're free to redistribute", to the patent
> office you say "they're really not". I know patent are enforced only
> if and when the holder asks for it, but this is stretching the law
> pretty thin
Let me explain. Handing someone a software license and saying you are
free to distribute *this* code is not the same as handing them a patent
license and saying you are free to use this patent.
One operates under copyright law - the other under patent law (no, IANAL).
One possible wording for the software license is a penalty clause where
the violator must share their patent portfolio.
The patent protects the feature set implemented by the code. Suppose a
big corporation wants to add this innovative feature (which could be
anything) to their product but they don't want to be encumbered by some
open source license - so they reverse engineer it. That avoids the
copyright but not the patent. You could even license the patent with
proceeds going to ReactOS, the EFF or similar organization.
This is a very rough idea but I hope I've gotten some people thinking.
On a side note, I should point out - for the record - that I am very
much against the ideas of software patents. However, sometimes you have
to fight fire with fire (while wearing asbestos gloves).
-rick
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