Subject: Re: termless copyright and patents
From: s <s@ssimo.org>
Date: Tue, 03 Oct 2006 11:41:16 -0400

On Wed, 2006-10-04 at 00:31 +0900, stephen@xemacs.org wrote:

> What is a copyright license?  Permission to copy *existing text*.  It
> does not apply in any way to original text, it can neither restrict
> nor grant permission for "creation" of original text.  The right
> granted by the right to modify is the right to *use this text* in
> combination with new text, possibly after deleting from this text.
> *No rights are granted concerning the new text*, because they don't
> need to be: a license can't restrict your behavior regarding new text
> in any way in the first place.
> 
> Thus, any covenant in the license will only apply to *text obtained
> by copying from the work*.  Since an implementation of a claim not
> embodied in the work a fortiori cannot be copied from the work,
> regulating such implementation is outside of the scope of a copyright
> license, including the covenants.

[..]

> But I think the natural interpretation under copyright law is that
> unless very explicitly stated otherwise, this kind of covenant is to
> refrain from use of patents to interfere with the rights granted by
> the copyright license.  Ie, to copy (and perhaps modify) specific text
> which implements a patent claim, and thus the covenant only applies to
> that claim.

[..]

> IANAL, this is not legal advice, and I don't even recall reading it in
> Larry Rosen's book (although it might be there).  Nevertheless, I
> think I finally "got it". :-)

I think so, and thanks for explaining in so easy words, I've tried and
failed :-)