On 15/08/2020 18:34, Paul Oranje wrote:
Op 11 aug. 2020, om 02:30 heeft Mauro Mozzarelli <ma...@ezplanet.org> het
volgende geschreven:
On 10/08/2020 10:08, Adrian Schmutzler wrote:
-----Original Message-----
From: openwrt-devel [mailto:openwrt-devel-boun...@lists.openwrt.org]
On Behalf Of Mauro Mozzarelli
Sent: Montag, 10. August 2020 10:36
To: openwrt-devel@lists.openwrt.org
Subject: Re: Policy on BUILD_PATENTED
On 09/08/2020 12:44, Bjørn Mork wrote:
Mauro Mozzarelli <ma...@ezplanet.org> writes:
On 09/08/2020 03:35, Henrique de Moraes Holschuh wrote:
I believe OpenWrt should not even *consider* placing its umbrella
organization(s) -- which are based on the U.S. -- in legal risk
without at least contacting them first and getting their approval.
Has anyone asked SPI about it yet?
Who/What are these "umbrella" organizations? What is their
relationship with OpenWrt?
This is answered by the FAQ:
https://openwrt.org/faq/general
And what is the "legal risk"?
I guess that's the question you should ask the SPI.
This is not a technical or a political discussion. It's about not
putting your friends at unnecessary risk, even if they happen to live
under some regime you don't like or respect.
Bjørn
Although I respect other's opinions and rules, I do not think it is right to
limit
everyone's freedom, just to appease some.
That's why we allow you to use BUILD_PATENTED and not just remove that stuff
entirely.
If there is a minority who is unable to use parts of this software, we can make
it easy for that minority to be able to strip those software components (or
they can propose and implement changes that achieve that themselves), but
in no way limit or prevent everyone from making use of it.
But still, OpenWrt as a project/organization in embedded in an environment it
has to care about.
And that of course includes caring about the interests of important
stakeholders (or at least ask them about those), and not make our decisions
based on how we would like the world to be.
I think Bjørn put that in a nutshell nicely.
Best
Adrian
Citizens of the European Union are major contributors to OpenWrt and other Open
Source projects, The European Union, after several years of debate. listened to
its citizens, not corporations, and has put into law that freedom from software
patents that allows us all to contribute to the community without fear of
litigation nor constraints imposed from monopolistic organizations.
The EU and its citizens are too important stakeholders. EU law, and EU
citizens' will must too be respected.
True as this may be - probably is - still it is not really relevant to the
question at hand.
Besides, the EU **does** allow for software patent, or more precisely, the EU
Patent Office (based in Rijswijk Netherlands) does, though quite a lot of
jurists do object to the policies on software patents of the EUPO, the FSFE of
course among those. As long as a patent isn't negated by a court it is
considered valid. Luckily many holders of such patents do not dare to uphold
these in court in order to avoid the risk of it getting negated, even if
getting a patent negated is quite difficult (as these are assumed to be valid).
We know EUPO accepts software patents registrations. However, as you
say, these are not legally enforceable because they are not supported by
law.
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