[LINK] HP balks at patent provision in GPL update
chris at sw.oz.au
Mon Aug 7 15:14:46 EST 2006
>> On Mon, 2006-08-07 at 14:10 +1000, Craig Sanders wrote:
>>> Hewlett-Packard said it would be content with the patent portion of General
>>> Public License version 3 if a few changes, in capital letters below, were
>>> added to Section 11:
>>> You receive the Program with a covenant from each author and THE conveyor
>>> FROM WHOM YOU RECEIVED the Program, and of any material, conveyed under
>>> this License, on which the Program is based, that the covenanting party
>>> will not assert (or cause others to assert) any of the party's essential
>>> patent claims in the material that the party conveyed, against you,
>>> arising from your exercise of rights under this License. If you convey a
>>> covered work, you similarly covenant to all recipients TO WHOM YOU CONVEY
>>> THE WORK, including recipients FROM YOU of works based on the covered work,
>>> not to assert any of your essential patent claims in the covered work.
> On Mon, Aug 07, 2006 at 02:26:07PM +1000, Karl Auer wrote:
>> Let's say HP gives me a work containing some element covered by a patent
>> owned by HP. I can pass the work on to you, but you are no longer able
>> to pass it on to others, because you are not protected against HP. You
>> are protected against ME, but not against HP.
>> Or am I reading it wrong?
On Mon, Aug 07, 2006 at 02:50:40PM +1000, Craig Sanders wrote:
> "...from each author *AND* the conveyer..." (emphasis added by me)
> yep, i'd say you were reading it wrong.
Actually, the other key phrase is "arising from your exercise of rights..."
as your rights include the right to convey as defined.
In other words the issue of patent enforcement against people who receive
it from you would be protected because the act of distribution and sub
distribution is an exercise of the first recipient's rights. That's what
give the AND highlighted by Craig its force.
It could surely be reworded more clearly though...
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