>>>>> "Bernhard" == Bernhard Kuhn <[EMAIL PROTECTED]> writes:

 Bernhard> "Alan P. Laudicina" wrote:
 >>  Sorry if someone has asked this before but here is my question
 >> regarding the recent patent.  Is there any possibility of a
 >> royalty-free license being granted to the hurd project?

 Bernhard> Victor might correct me, but as far is i understood, as
 Bernhard> long as you do a "free" (1) implementation, you will obtain
 Bernhard> a license for "free" (2).

The file PATENT doesn't say anything like that.  It is very specific
about Linux, no mention of any other base OS.

 Bernhard> (1) From what Victor toled me some time ago, he will
 Bernhard> strongly follow the "open source way". His patent is only
 Bernhard> to defend his basic idea against similar patents that were
 Bernhard> intended for rt-extensions for i.e. WindowsNT.  As far as i
 Bernhard> have understood it, any "free" license will be
 Bernhard> covered. IMHO, BSD should be "free" enough :-)

I find that reasoning somewhat puzzling; you don't need a patent to
invalidate another patent, all you need is prior art.  If this is
prior art, that suffices; if it isn't prior art, then it's Victor's
patent that may be invalid if someone else has an RTL-like patent too.

I'm still interested in a resolution of the apparent conflict between
the terms of the patent license as stated in the RTL distribution and
the terms of the GPL.  This was brought up a week or two ago but never 
answered.

        paul

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