At 02:11 PM 10/9/2004, you wrote:
    Jeff> If there is questionable code, that is _not_ a justification
    Jeff> to add more.

I guess my point was not that the bluetooth stack is somehow
questionable, but rather that the IP policies of a standards bodies
are really not a good reason to keep code out of the kernel.  If
someone can name one patent that the IB driver stack looks like it
might possibly run into, then we would have to take that very
seriously.  However, no one has done this here -- all we have is FUD
or guilt by association or whatever you want to call it.

The mere fact that the IBTA bylaws only require members license their
patents under RAND terms shouldn't be an issue.  If nothing else, the
fact that there are hugely more non-IBTA member companies than member
companies who might have patents makes the IBTA bylaws almost a moot
point.

It isn't a numbers game when it comes to the law. 

For what its worth, I know of at least five companies shipping IB
stacks and the only patent licensing that I know of is the Microsoft
SDP license,

The lack of companies enforcing their patents at this time does not mean that they will not do so in the future.  There are many patents in the IB specification suite.  The question is whether these apply to the software stack being done within this forum.  Until a company comes forward and states their intention, there is no way to tell. 

Not attempting any FUD here as I don't see a reason to stop development of any of a wide range of technologies that are covered by similar terms in various industry bodies.

and even that is really just CYA: all Microsoft says is
that they _might_ have patents that cover SDP and that they will
license them at no cost to anyone who wants them; unfortunately this
license is not GPL-compatible, but for proprietary stacks the
zero-cost terms look fine.  There are people who have looked at
Microsoft's patents and concluded that none of them actually apply to
SDP as specified by the IBTA.

The patent office is the only one who can draw a conclusion that can be relied upon.  I'd never rely upon hearsay  in making a decision.


Mike
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