Changeset - 57b7cc24030d
[Not reviewed]
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Tony Sebro (keynote2k) - 10 years ago 2014-03-19 16:38:36
tony@sfconservancy.org
Committed additional changes; still have more to do on implied patent license.
1 file changed with 10 insertions and 7 deletions:
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gpl-lgpl.tex
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@@ -1879,22 +1879,25 @@ with respect to the licensed software.
 

	
 
\newcommand{\compB}{$\mathcal{B}$}
 
\newcommand{\compA}{$\mathcal{A}$}
 

	
 
For example, if Company \compA{} has a patent on advanced Web browsing, but
 
also licenses a Web browsing software program under the GPLv2, then it
 
cannot assert the patent against any party that takes a license to its
 
program under the GPLv2. However, if a party uses that program without
 
complying with the GPLv2, then Company \compA{} can assert, not just copyright
 
infringement claims against the non-GPLv2-compliant party, but also
 
cannot assert the patent against any party based on that party's use of 
 
Company \compA{}'s GPL'ed Web browsing software program, or on that party's
 
creation and use of derivative works of that GPL'ed program.  However, if a
 
party uses that program without
 
complying with the GPLv2, then Company \compA{} can assert both copyright
 
infringement claims against the non-GPLv2-compliant party and
 
infringement of the patent, because the implied patent license only
 
extends to use of the software in accordance with the GPLv2. Further, if
 
Company \compB{} distributes a competitive advanced Web browsing program,
 
Company \compA{} is free to assert its patent against any user or
 
Company \compB{} distributes a competitive advanced Web browsing program 
 
that is not a derivative work of Company \compA{}'s GPL'ed Web browsing software
 
program, Company \compA{} is free to assert its patent against any user or
 
distributor of that product. It is irrelevant whether Company \compB's
 
program is distributed under the GPLv2, as Company \compB{} can not grant
 
program is also distributed under the GPLv2, as Company \compB{} can not grant
 
implied licenses to Company \compA's patent.
 

	
 
This result also reassures companies that they need not fear losing their
 
proprietary value in patents to competitors through the GPLv2 implied patent
 
license, as only those competitors who adopt and comply with the GPLv2's
 
terms can benefit from the implied patent license. To continue the
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