Converting/Splitting Code - Open to Closed

2001-02-12 Thread Ralph Bloemers
A colleague just asked me the following question, any thoughts from the list? Can the OWNER of the copyright in software code that has been released under a GPL (http://www.gnu.org/copyleft/gpl.html) change its mind and take the software *private* (any future versions would be proprietary

Re: Converting/Splitting Code - Open to Closed

2001-02-12 Thread Brian DeSpain
Ralph Bloemers wrote: > > A colleague just asked me the following question, any thoughts from the list? > > > Can the OWNER of the copyright in software code that has been released under a GPL >(http://www.gnu.org/copyleft/gpl.html) change its mind and take the software >*private* (any fu

Re: Converting/Splitting Code - Open to Closed

2001-02-12 Thread Samuel Reynolds
Ralph Bloemers wrote: > > A colleague just asked me the following question, any thoughts from the list? > > > Can the OWNER of the copyright in software code that has been released under a GPL >(http://www.gnu.org/copyleft/gpl.html) change its mind and take the software >*private* (any fu

Re: Converting/Splitting Code - Open to Closed

2001-02-12 Thread Matthew C. Weigel
On Mon, 12 Feb 2001, Samuel Reynolds wrote: > The copyright owner can license the code under any terms he likes, > or none at all. > He can license the code under different terms to different people. > He can license the code under different terms to the same people at > different times. Or, as

Re: Converting/Splitting Code - Open to Closed

2001-02-12 Thread Eric Jacobs
Brian DeSpain <[EMAIL PROTECTED]> > > Yes - but the previous versions licensed under the GPL remain GPLd and > development can continue on the code. Can you explain why this is the case? > > In reality, the code would most likely *fork,* leaving one strand open > > and the other proprietary.

Re: Converting/Splitting Code - Open to Closed

2001-02-12 Thread Matthew C. Weigel
On Mon, 12 Feb 2001, Eric Jacobs wrote: > Brian DeSpain <[EMAIL PROTECTED]> > > Yes - but the previous versions licensed under the GPL remain GPLd and > > development can continue on the code. > > Can you explain why this is the case? Because the license contains no provisions for revocation.

Re: Converting/Splitting Code - Open to Closed

2001-02-12 Thread Ben Tilly
Eric Jacobs <[EMAIL PROTECTED]> wrote: >Brian DeSpain <[EMAIL PROTECTED]> > > > > > Yes - but the previous versions licensed under the GPL remain GPLd and > > development can continue on the code. > >Can you explain why this is the case? > > > > In reality, the code would most likely *fork,* leavi

Re: Converting/Splitting Code - Open to Closed

2001-02-12 Thread Ryan S. Dancey
From: "Ralph Bloemers" <[EMAIL PROTECTED]> Can the OWNER of the copyright in software code that has been released under a GPL (http://www.gnu.org/copyleft/gpl.html) change its mind and take the software *private* (any future versions would be proprietary and released only under typical objec

Re: Converting/Splitting Code - Open to Closed

2001-02-12 Thread David Johnson
On Monday 12 February 2001 03:17 pm, Matthew C. Weigel wrote: > Ssh is a good example of GPL'd code becoming less free. OpenSSH is a good > example of what happens with the GPL'd version :) "The licences which components of this software falls under are as follows. First, we will summarize and

RE: Converting/Splitting Code - Open to Closed

2001-02-13 Thread Dave J Woolley
> This is one of the dangers of basing Linux (or any other large, > multicontributor project) on the GPL; the threat that something embedded > deeply in the code could eventually have an external patent applied, > [DJW:] In the UK, one is always told never to reveal anything abou

Re: Converting/Splitting Code - Open to Closed

2001-02-13 Thread Chris Sloan
In the US, previously publishing something does not affect whether or not it can be patented, AIUI, unless it can (for other reasons than just being published) be considered prior art. This is why RSA got the RSA patent in the US only. They had already published, so they were not able to get a p

RE: Converting/Splitting Code - Open to Closed

2001-02-13 Thread Lawrence E. Rosen
> In the US, previously publishing something does not affect whether or > not it can be patented, AIUI, unless it can (for other reasons than > just being published) be considered prior art. This is not correct. The US patent act, 35 USC 102, reads as follows: A person shall be entitled to a

RE: Converting/Splitting Code - Open to Closed

2001-02-14 Thread Dave J Woolley
> From: Lawrence E. Rosen [SMTP:[EMAIL PROTECTED]] > >(a) the invention was known or used by others in this country, >or patented or described in a printed publication in this or >a foreign country, before the invention thereof by the applicant, >or > [DJW:] That seems to raise

RE: Converting/Splitting Code - Open to Closed

2001-02-14 Thread Lawrence E. Rosen
; To: [EMAIL PROTECTED] > Subject: RE: Converting/Splitting Code - Open to Closed > > > > From:Lawrence E. Rosen [SMTP:[EMAIL PROTECTED]] > > > >(a) the invention was known or used by others in this country, > >or patented or describe

Re: Converting/Splitting Code - Open to Closed

2001-02-15 Thread SamBC
- Original Message - From: "Ryan S. Dancey" <[EMAIL PROTECTED]> > > Someone could attempt to secure a patent on the code after it was released > using the GPL. Assuming a patent was granted, the patent holder could then > stop the distribution of the code by requiring the payment of a r

RE: Converting/Splitting Code - Open to Closed

2001-02-15 Thread Ravicher, Daniel B.
n S. Dancey; [EMAIL PROTECTED] Subject: Re: Converting/Splitting Code - Open to Closed - Original Message - From: "Ryan S. Dancey" <[EMAIL PROTECTED]> > > Someone could attempt to secure a patent on the code after it was released > using the GPL. Assuming a paten

Fw: Converting/Splitting Code - Open to Closed

2001-02-15 Thread none
x27;SamBC'" <[EMAIL PROTECTED]>; "Ryan S. Dancey" > <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]> > Sent: Thursday, February 15, 2001 5:27 PM > Subject: RE: Converting/Splitting Code - Open to Closed > > > > There are a lot of good US companies that pat

RE: Converting/Splitting Code - Open to Closed

2001-02-16 Thread Dave J Woolley
> Forutnately for us Europeans, that doesn't apply here - software and > algorithms are, IIUC, non-patentable in Europe. IANAL > > [DJW:] The recent UK government consultation paper++ on the possibility of introducing US like software patents said that European law allowed software patents wh

Re: Converting/Splitting Code - Open to Closed

2001-02-19 Thread SamBC
- Original Message - From: "none" <[EMAIL PROTECTED]> > As for software being unpatentable in the EU, I would not state the > proposition so categorically. Certainly, the EU is stricter on software > patent applications but nevertheless regularly allows and upholds in its > legal institut