On Thursday 09 August 2007 14:43, Raj Mathur wrote:
> On Thursday 09 August 2007 14:10, jtd wrote:
> > [snip]
> > In the usa (and probably "as such" in India) he can patent some
> > piece of drivel and pump it into the modem. then tieup with bsnl
> > not to sue BSNL customers buying the modem. So if you bought a
> > bsnl modem, demanded and recieved the code, then
> > re-cross-compiled (or dd the rom binary) and pumped the code into
>> your own design modem / 386box / whatever he can sue you.

> I very much doubt if a court would uphold an action against you by
> a provider if you compile and use a piece of code that the provider
> himself supplied you with. 

End users are patent licenced by the patent holder - not bsnl - for 
use and modification for self, not for down stream distribution. Bsnl 
does not sue, the patent holder sues - not you the enduser - but 
anyone else you happen to distribute to.

> If they did, I'm getting busy patenting 
> algorithm foo, embedding it into a piece of GPLv2 code and allowing
> everyone to download and use that code.  2 months later I'll sue
> them all for patent violation, make lots of money,

U cant sue if you own the patented code and distribute - that case is 
sortof covered in gplv2 - but perversely you can sue Rony if u gave 
the code to me and i gave it to Rony. When u distribute to me u also 
automatically give permission to me to use a patent but not to 
redistribute. So when i disitribute to Rony u can sue Rony. To make 
it a nice milking scheme u allow me to redistribute. So now i sell to 
Rony and u dont sue Rony. But if Rony gives DJ you can sue DJ. Since 
DJ cant ask me code. Rony can and i have to give the source to 
him.Rony can do everything he wishes with it except redistribute. 
although the gpl2 allows him to redsitribute to DJ, your patent is a 
sword on DJ's head.  

> unsubscribe from 
> all mailing lists and go and live a life of luxury beyond my
> wildest dreams in the Himalayas.

you could do that without a lot of money just join up a monastery in 
bhutan ;-) (btw one karateka from India who used to train the usa 
marines did just that)

-- 
Rgds
JTD

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