Sadly, having an algorithm coded in open source doesn't protect one from the patent lawyers. For instance LAME (despite it's acronym) is a GPL implementation of a MP3 encoder. Hence basically anyone can use this code, under the terms of the GPL. However any MP3 implementation contains algorithms patented by the Fraunhofer Institute. So no matter how you write the code, you still infringe upon the ideas articulated in their patents. So while Fraunhofer cannot stop you distributing the code as a published work, they can potentially want you to licence the use of their patented algorithm in a product. But that licence doesn't usually go with the code, but with the product that implements it. ALso section 7 of the GPL specifically says that must cease distribution of GPL software if you believe it to be infringing on someone else's intellectual property.
So my understanding of the agreements is that Microsoft are basically saying to Novell - "You full well know that some of the code in SuSE Linux infringes on our IP". (From elsewhere I read that this would possibly in things like Mono, OpenOffice, Samba, etc). "But because we have this arrangement, we will not enforce you to meet your patent obligations" (I would presume there might also be bits of Novell's IP that Microsoft uses but hasn't paid for to date). So Microsoft is providing protection for the product, rather than the code. Therefore it would not automatically pass protection on to other products with the same source code. Of course the big problem with software patents, is that often seem to cover the smallest algorithm, and also seem to often cover ideas that have been obvious for ages, been implemented before, yet no one prior to the patent holder bothered to register their idea. (I am not a lawyer either :-) ) Regards, Martin On 11/7/06, [EMAIL PROTECTED] < [EMAIL PROTECTED]> wrote:
On Mon, Nov 06, 2006 at 10:50:57PM +1100, Ben wrote: > On 11/6/06, tuxta2 <[EMAIL PROTECTED]> wrote: > >What do you people think? > >I would be very interested to hear some opinions. > > This comment seems to be realistic, except for the finishing off bit. > I think Microsoft has much more to gain by keeping Linux around and > selling IP licenses for it. > http://news.linux.com/comments.pl?sid=37578&cid=92628 > > Humour piece, apparently from 1995: > http://www.usd.edu/~bwjames/humor/ms/novel.html > > FSF article from April this year: > http://www.fsfeurope.org/projects/ms-vs-eu/article-20060421.en.html > > My thought on Microsoft's strategy: > embrace, extend, and emasculate or enslave. > > If software patents are widely recognised then Microsoft can force > Linux to be nothing more than a backyard hobby, or charge for it, all > while appearing not to be a monopoly, because after all, it's > reasonable to charge for > your IP, right? Am I missing something can't we just take the code from Novell and apply any patches to bring it up to where it is now and carry on from there, doesn't that give every one Novell's protection ? or something along those lines..... ps I am not a lawyer . > > FSF won't push the GPL issue, because if they do, Microsoft will > threaten litigation against other distros on patent grounds. The FSF > will be able to go ahead and most likely lose, or back off and cement > the validity of software patents. > > The only way Linux will last as an independant force in the long run > is to fight software patents. We need to make sure there is at least > one major market where the patents don't have force. If you have to > license Linux in the USA, but not in the EU, Microsoft will be > tortured by the USA corporations, so they won't push it until they've > made the EU think licensing is OK, which is why Novell is such a good > ally for them, as it's the strong in the EU. > > Ben > -- > SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ > Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html > -----BEGIN PGP SIGNATURE----- Version: GnuPG v1.4.5 (GNU/Linux) iD8DBQFFT6TGkZz88chpJ2MRAqVoAJ46G3xXY5KS3fs4GVjhEm8WXwrdFQCgzjRU VpvvAox+WoWljoId1Fwib2g= =RYv8 -----END PGP SIGNATURE----- -- SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
-- Regards, Martin Martin Visser -- SLUG - Sydney Linux User's Group Mailing List - http://slug.org.au/ Subscription info and FAQs: http://slug.org.au/faq/mailinglists.html
