On Jul 6, 2010, at 11:58 AM, Geoffrey Hutchison wrote: > I have some general concerns about using GPLv2 "or later" with the Silicos > code right now, since it is currently covered by an expiring patent. I > suspect this would be an easy change once the patent expires next year.
I see your point. I think the right interpretation is to say that if there's a conflict between the patent grant from Silicos and the choice to use GPLv3 then that part of the code cannot be used under the v3 license. Here's the GNU FAQ on that topic: http://www.gnu.org/licenses/gpl-faq.html#v2OrLaterPatentLicense Q: My company owns a lot of patents. Over the years we've contributed code to Q: projects under “GPL version 2 or any later version”, and the project itself Q: has been distributed under the same terms. If a user decides to take the Q: project's code (incorporating my contributions) under GPLv3, does that mean Q: I've automatically granted GPLv3's explicit patent license to that user? No. When you convey GPLed software, you must follow the terms and conditions of one particular version of the license. When you do so, that version defines the obligations you have. If users may also elect to use later versions of the GPL, that's merely an additional permission they have—it does not require you to fulfill the terms of the later version of the GPL as well. Do not take this to mean that you can threaten the community with your patents. In many countries, distributing software under GPLv2 provides recipients with an implicit patent license to exercise their rights under the GPL. Even if it didn't, anyone considering enforcing their patents aggressively is an enemy of the community, and we will defend ourselves against such an attack. > Incidentally, I will be relicensing *my* contributions to Open Babel under > BSD shortly. I'm pleased to hear that. Or in internet-speak ... "yay!" Andrew da...@dalkescientific.com ------------------------------------------------------------------------------ This SF.net email is sponsored by Sprint What will you do first with EVO, the first 4G phone? Visit sprint.com/first -- http://p.sf.net/sfu/sprint-com-first _______________________________________________ OpenBabel-Devel mailing list OpenBabel-Devel@lists.sourceforge.net https://lists.sourceforge.net/lists/listinfo/openbabel-devel
