[LINK] HP balks at patent provision in GPL update

[Craig Sanders]

On Mon, Aug 07, 2006 at 02:26:07PM +1000, Karl Auer wrote:
> 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.
> 
> 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?

"...from each author *AND* the conveyer..." (emphasis added by me)

yep, i'd say you were reading it wrong.


craig

-- 
craig sanders <cas at taz.net.au>           (part time cyborg)