On Mon, Jun 23, 2008 at 11:10 PM, physnut <[EMAIL PROTECTED]> wrote:
>
> It's an interesting point you raise about the GPL license terms...
>
> The concerns I have about abuse of my code is more related to things
> like this:
> http://news.zdnet.co.uk/software/0,1000000121,39289505,00.htm
> (article about microsoft trying to sue 'Linux' - whoever they think
> that is!, most probably rich vendors, even though every single Micro
> $oft 'innovation' is either bought up or stolen from open source
> code...)

Well, Microsoft is just a company with good and bad people. They are
for example funding the windows port of Sage, i.e. supporting an
opensource
alternative to Maple/Mathematica, so not everything that MS does is bad.

>
> There is clearly much going on in the world of software patenting and
> not wanting to get stung I prefer to err on the side of caution...
> I would prefer people to be able to play with my code however they
> want, that benefits everyone (especially me if the post it on the net
> and give me credit...).  It would be better if I didn't have to lock
> my door and remember my keys but I just can't trust everyone!  If BSD
> license protects me from legal nasties it sounds good enough for me.

I think it does, see below.

> I'm quite happy about people developing what I have done into
> something better/customized/evolved and would love to see things
> flourish like that...I guess if I see some company making money from
> my code i'll just have to ask them if they would be nice enough to
> donate some money to keep me out of corporate work and in science.

My own opinion is that as long as there is a good opensource operating
system with enough programs so that I can do my everyday tasks with
opensource (which there is, e.g. Debian and other distributions) and
as long as there are people contributing back (this is important), I
don't mind also companies inventing clever ways to make money, even
with my own code --- they have the same opportunities as I have, e.g.
I can do the same as them and make money too. Fair enough.

On Tue, Jun 24, 2008 at 12:33 AM, Robert Kern <[EMAIL PROTECTED]> wrote:
>
> On Mon, Jun 23, 2008 at 17:20, Andrew Straw <[EMAIL PROTECTED]> wrote:
>>
>> Ondrej Certik wrote:
>>
>>> I am not a lawyer, but it seems to me it is not possible to patent a
>>> code that someone else has written and released as BSD or GPL, is it?
>>
>> IANAL either, but I don't think this is correct -- patents and
>> copyrights (licenses are implemented using copyright law) are
>> more-or-less orthogonal. Just because something is patented doesn't mean
>> it cannot be released under an open source license. You can have and
>> distribute the source code, but you might need to seek a patent license
>> to actually use the code. One example of this I know about is the
>> marching cubes algorithm in VTK (although that patent has now expired).
>
> I believe the important part about Ondrej's hypothetical is that the
> code was written and published under an open source license *before*
> someone else tries to patent it. Under essentially all patent regimes,
> prior publication of the invention by someone else is grounds for
> preventing or invalidating a patent (with a lot of effort). The VTK
> situation is different; the VTK code was written after the algorithm
> was patented.

Yes, I meant publishing the code before someone else patents it.
Thanks for the clarification.

Ondrej

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