Subject: Re: termless copyright and patents
From: simo <s@ssimo.org>
Date: Tue, 03 Oct 2006 14:08:13 -0400

On Tue, 2006-10-03 at 11:01 -0700, Thomas Lord wrote:

> It's very simple.    Make a big pile of all published papers, programs
> etc. at the time of Alice's patent grant.    This is all of the prior art
> that limits Alice's patent claims.
> 
> Photocopy everything so, now, you have two piles.
> 
> Label the pile on the left "proprietary use prior art".   That pile
> never changes.
> 
> Label the pile on the left "GPL use prior art".

Prior Art?

> Now, every time that Alice conveys a program, add that program
> to the pile on the right.

you mean a GPLv3 program, right?

> In deciding if a proprietary program  infringes on a patent of Alice's,
> use the pile on the left.   In deciding if a GPL program infringes on a
> patent of Alice's, use the pile on the right.

you mean here a proprietary program _not_ distributed by Alice, right?

> In other words, the validity of Alice's patents is made different
> for GPL programs by Alice's act of conveying a GPL program.


The possibility for Alice to sue anyone for programs itself conveys (for
the claims they embed) is probably already close to null (if you do not
violate the license) no matter what the license.

In the GPL case Alice agrees also to not sue anybody else that receives
a copy of Alice's conveyed program by means of third party distribution.

This means that the GPL is "better", and "protect" more people.

Simo.