http://www.fsf.org/philosophy/rtlinux-patent.html
We have discussed license policy on this list before. In the end, there
appears to be consensus on the Apache license, but that does not satisfy a
larger issue with respect to an OHS/DKR license: the license must protect
the ability of OHS/DKR implementations to evolve in any direction deemed
important.
It turns out that the GNU GPL license has been violated by a patent.
"Software patents are a harmful government policy of creating monopolies
that restrict computer users. (See www.programming-freedom.org and
www.noepatents.org). We oppose this policy, and we think it is a shame that
Victor Yodaiken has chosen to obtain a patent for an idea that we believe
should not be, and is not, patentable. The patent covers real-time
interrupt handling using a software emulation layer for interrupt masking,
so that interrupts can be prioritized. There is significant prior art for
this.
But, even worse, Yodaiken has attempted to use the patent to impose
restrictive terms on a GPL-covered program (Linux, the kernel used in the
GNU/Linux operating system). These terms conflict with the GNU General
Public License, and imposing them is a violation of the GPL. We have told
Yodaiken this, and we have told him what license terms would comply with
GPL. He, like everyone, has the reponsibility to comply with the GPL or
cease his infringing distribution. Anyone else redistributing a modified
version of Linux under the restrictive patent license that Yodaiken uses
will also be violating the GPL. "
We already know that there exist an enormous number of patents "out there"
that would, if enforced by their owners, put an end to all of the
speculative discussions we have had on this forum and many others. For
instance, those wonderful folks at http://www.thebrain.com have a nifty
patent that pretty much puts the kaibosh on any graphical display of
knowledge. A company that used to sell a product called Nexpert has a
patent on relational representation of knowledge in computer memory. The
list doesn't stop there. IBM, Sun, Microsoft, and many others are regular
patent machines.
It really does behoove us to find a way to license OHS/DKR projects in such
a way that no avenue of future evolution can be blocked. Given that Xerox
has an enormous number of patents on what is called the Hyperbolic Tree
system, of which TouchGraph is just one instance, it may well be that so
long as we remain purely open source, not selling product, there may not
exist an issue <recall>I'm not a lawyer and don't even play one on TV</recall>
OTOH: it is always possible that such patents will impede evolution, even
in an open source environment.
<suggestion>
Create a DKR -- perhaps, say, http://softwarepatents.memes.net
-- that accumulates patents that would impede software
evolution.
Use that DKR as a home for those who would financially support
patent-breaking litigation -- very many of the existing software patents
are either:
completely unenforceable due to prior arts
obtained by the owner while participating in public debate
on the issues (e.g. web standards)
Use the DKR to analyze all known license agreements
Use the DKR to evolve newer license technologies
Link that DKR into the two similar web sites listed (above) at the
fsf.org web site
</suggestion>
Cheers
Jack
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