On Wed, 2006-05-24 at 14:37 -0500, Kevin P. Fleming wrote: > BJ Weschke wrote: > > > Technologies that are patent protected, by default, cannot be GPL'd > > unless the patent holder grants license for someone to do so. Your > > example just isn't valid. > > That is not true. Patented technology can exist in a GPL-licensed > product, but use of that product mandates payment of patent license fees > to the patent holder(s). Patents do not restrict the distribution of > technology, only the use of it.
Actually, the GPL can and does restrict the use of patented technology in a GPL licensed product. See section 7 of the GPL. However, Digium is the holder of the copyright to the Asterisk code or has "a non-exclusive, royalty-free and non-cancellable right to use changes and/or enhancements made to [...] Asterisk". Digium can therefor offer all (Asterisk Business Edition) or part (G.729 codec) of Asterisk under a different license, even a non-commercial one. On the other hand, I'm not a lawyer and I'm betting that most of you reading this are not lawyers either. Rather than continuing this flame fest I think that it'd be better if everyone sat back and have a few cold ones. Then, if you really want to continue this discussion spend a few bucks on a lawyer conversant with intellectual property law. Jeff
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