On Thu, Dec 19, 2002 at 12:43:48PM -0800, Andy Ross wrote: > magenta wrote: > > But they're not transferring the license to others, they're just > > providing a reference implementation. nVidia themselves wouldn't be > > sued for it, but someone releasing new software using that > > implementation could be. > > By that same logic, DRI can't be sued for providing the code to > XFree86, you'd have to sue XFree86. And XFree86 is immune from suits > because they only provide it to distribution vendors, who can't be > sued because you'd have to go after the users instead. :)
Good point. Though you can also argue that the "providing" it ends when a binary distribution happens (since again, the algorithm itself is given as part of the patent documentation, and all that source code is is a machine-readable form of an algorithm). > None of that says that we won't get sued. But the fact that NVidia > has not been asked to remove their code seems to me to be strong > evidence that VIA takes a liberal and reasonable view of patent > licenses for software implementations of the S3TC algorithm. They may > not be bureaucratically set up to *grant* licenses to free software > implementations, but they aren't nailing anyone to crosses either. I think the best way would be to get an official response from VIA. (BTW, when exactly did VIA buy out Diamond/S3/SonicBlue/Empeg/Conglomeramania anyway? I must have missed that news.) > > Good point, in theory. In practice, see how Fraunhofer handled > > their compression patent. Didn't they sue a lot of the free encoder > > makers for damages based on the spurious claim that they were > > "funded by banner ads?" > > In fact, I don't believe they did. They *threatened* to sue, and the > software was removed from download areas in a few cases. I'm not > aware of any actual court proceedings or depositions that took place > regarding free software MP3 implementations. Someone correct me if > I'm wrong. Hm, yeah, based on what I can find on Google, there were never any actual lawsuits, only threats. -- http://trikuare.cx ------------------------------------------------------- This SF.NET email is sponsored by: Geek Gift Procrastinating? Get the perfect geek gift now! Before the Holidays pass you by. T H I N K G E E K . C O M http://www.thinkgeek.com/sf/ _______________________________________________ Dri-devel mailing list [EMAIL PROTECTED] https://lists.sourceforge.net/lists/listinfo/dri-devel
