On 2006.11.07 10:17 Martin Visser wrote:
Sadly, having an algorithm coded in open source doesn't protect one from the patent lawyers. For instance LAME (despite it's acronym) is a GPL implementation of a MP3 encoder. Hence basically anyone can use this code, under the terms of the GPL. However any MP3 implementation contains algorithms patented by the Fraunhofer Institute. So no matter how you write the code, you still infringe upon the ideas articulated in their patents.
<snip> > ALso section 7 of the GPL specifically says that must
cease distribution of GPL software if you believe it to be infringing on someone else's intellectual property.
<snip>
I was always under the impression that mathematics cannot be patented. If the algorithm is mathematics then the patent is invalid (even if it has been "granted" and has patent numbers etc etc). Therefore, clause 7 of the GPL is not infringed.
In other words, "Distribute and be Damned!" Robert Thorsby -- SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
