From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id ; Tue, 28 May 2002 12:12:13 -0400 Received: (majordomo@vger.kernel.org) by vger.kernel.org id ; Tue, 28 May 2002 12:12:12 -0400 Received: from host194.steeleye.com ([216.33.1.194]:38156 "EHLO pogo.mtv1.steeleye.com") by vger.kernel.org with ESMTP id ; Tue, 28 May 2002 12:12:10 -0400 Message-Id: <200205281612.g4SGC4t03662@localhost.localdomain> X-Mailer: exmh version 2.4 06/23/2000 with nmh-1.0.4 To: Roman Zippel cc: linux-kernel@vger.kernel.org, James.Bottomley@SteelEye.com Subject: Re: A reply on the RTLinux discussion. Mime-Version: 1.0 Content-Type: text/plain; charset=us-ascii Date: Tue, 28 May 2002 12:12:04 -0400 From: James Bottomley X-AntiVirus: scanned for viruses by AMaViS 0.2.1 (http://amavis.org/) Sender: linux-kernel-owner@vger.kernel.org X-Mailing-List: linux-kernel@vger.kernel.org Roman Zippel said: > AFAIK the patent doesn't give you the right to forbid anyone from > using the technology, you only have a right to demand a compensation. > If I am correct with this, you are possibly violating the GPL here. > The binary module exception is an additional right granted to you by > Linus, which you can't simply deny to others. The user space issue is > even more clear, because that is clearly defined. Actually, a patent does do exactly this. A patent gives you a "negative" right to exclude anyone from using your patented method or process. If you choose never to licence your patent (as is your right to do so) you block everyone else from making use of it. In general, about the only restrictions on patents and their licensing arrangements in the US are the antitrust laws. See: http://www.usdoj.gov/atr/public/guidelines/ipguide.htm for a good guide from the horse's mouth. This is an important debate but I think it's quality could be enhanced by increasing the level of well researched information and opinion. A good starting point is `Benefits, Risks and Considerations in Using Open Licensed Software' written by a group of Intellectual Property lawyers and available freely on the internet: http://www.whepatent.com/opensource.pdf James Bottomley