On 9/6/05, Attila Kinali <[EMAIL PROTECTED]> wrote:
> On Tue, 6 Sep 2005 08:59:22 -0400
> Timothy Miller <[EMAIL PROTECTED]> wrote:
> 
> > > > I'm hoping that someone jerk doesn't try to test this in court or
> > > > something.  This is intended to be a statement of my intent, and I
> > > > hope people will honor it.  I guess you can't expect everyone to be
> > > > honorable.  I wonder how precise I need to be with this.
> > >
> > > Precise enough to catch 99% of the traps without being complicated.
> > > I do not know whether we will face any jerks, but this license
> > > will be an example for other companies and we should be prepared
> > > that someone will try it in curt.
> >
> > Ok, I see your point.  Forward-thinking.
> 
> Actualy there is another point we have to keep in mind:
> Patents!
> Ie what happens if someone sends a patch that we can freely
> use and copy (from a copyright point of view) but not use
> in a comercial product[1] because of patents that apply to it?
> 
> There are two ways to deal with it: Ignore the issue completely.
> This worked sofar for most of the OSS projects i know[2].
> They just simply say that they cannot check for patents
> as there are too many. The other way would be to force
> the patch commiters to check for patents and/or force them
> to license the patents for free for this project.
> 
> [1] i explicitly said commercial, because the european
> patent treaty only covers comercial use of patents.
> Ie they simply ignore non-commercial use of them by which
> it is possible to use patents in a non-commercial enviroment
> (actualy it's a gray zone, but that's a different story)
> 
> [2] The only project i know that has been threatened
> by a patent is libdca (formerly known as libdts) by
> DTS Inc. Although the patent is not valid in France,
> they still had to back off because noone had the money
> to defend their rights in curt.

For the OSS side, patents aren't a problem.  For Traversal, they're a
BIG problem.

> The only thing i see that could be missing, is a statement
> that nothing but clause 2 may be changed or removed.

Once clause 2 is removed, it's not my project.  It's a fork of my
project that's in someone else's hands, and I only have a say over it
if they violate the GPL (because, after all, I still have copyright).

Or am I missing something?

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