Re: [OT] use of patented algorithms in the kernel ok or not?

From: Chuck Campbell
Date: Tue Jan 13 2004 - 10:37:11 EST


On Sun, Dec 21, 2003 at 11:57:55AM -0500, Pavel Machek wrote:
> Hi!
>
> > I know that equivalent code, which is covered by most if not all of
> > the patents, is sold by some software companies to product developers
> > _in the USA_ without prelicensed patents. The problem of acquiring
> > suitable patent licenses is left to the purchasers.
> >
> > Rationally I would expect that if someone is able to sell code and
> > leave the problem of patent licensing to the purchaser, then one
> > should be able to _give away_ code and leave the problem of patent
> > licensing to the recipient.
>
> As far as I can see, it is okay to ignore patents *if
> you are doing research*. So you should be able to offer
> it to US people for research purposes.


Pavel,

According to recently passed legislation, this may no longer be true. It
remains to be tested, but my understanding is that this "research" shield
is now gone.

-chuck
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