magenta wrote: > But they're not transferring the license to others, they're just > providing a reference implementation. nVidia themselves wouldn't be > sued for it, but someone releasing new software using that > implementation could be.
By that same logic, DRI can't be sued for providing the code to XFree86, you'd have to sue XFree86. And XFree86 is immune from suits because they only provide it to distribution vendors, who can't be sued because you'd have to go after the users instead. :) Remember this is a patent. The IP isn't the code, it's the algorithm. If NVidia can grant us a license to use the algorithm, then we can use the algorithm. If they can't, then they're equally as liable for patent infringement because they're distributing infringing software themselves. None of that says that we won't get sued. But the fact that NVidia has not been asked to remove their code seems to me to be strong evidence that VIA takes a liberal and reasonable view of patent licenses for software implementations of the S3TC algorithm. They may not be bureaucratically set up to *grant* licenses to free software implementations, but they aren't nailing anyone to crosses either. > Good point, in theory. In practice, see how Fraunhofer handled > their compression patent. Didn't they sue a lot of the free encoder > makers for damages based on the spurious claim that they were > "funded by banner ads?" In fact, I don't believe they did. They *threatened* to sue, and the software was removed from download areas in a few cases. I'm not aware of any actual court proceedings or depositions that took place regarding free software MP3 implementations. Someone correct me if I'm wrong. Again, I'm not a lawyer. But it would seem to be *very* hard for VIA to claim damages from DRI distribution of an algorithm that is already freely available. At worst, they could force the algorithm's removal from the code base. Andy -- Andrew J. Ross NextBus Information Systems Senior Software Engineer Emeryville, CA [EMAIL PROTECTED] http://www.nextbus.com "Men go crazy in conflagrations. They only get better one by one." - Sting (misquoted) ------------------------------------------------------- This SF.NET email is sponsored by: Geek Gift Procrastinating? Get the perfect geek gift now! Before the Holidays pass you by. T H I N K G E E K . C O M http://www.thinkgeek.com/sf/ _______________________________________________ Dri-devel mailing list [EMAIL PROTECTED] https://lists.sourceforge.net/lists/listinfo/dri-devel
