Subject: RE: A Primer on Infringing Patents in Software
From: "Lawrence Rosen" <lrosen@rosenlaw.com>
Date: Mon, 9 Oct 2006 13:27:03 -0700

> >  > Did the permissions required of RSA in conveying the 16-bit PLP
> >  > necessarily allow the 1024-bit version?
> >
> > I hope a real lawyer will speak up,
> 
> Me too.

Me too. 

I hope the licensors of the (GPL-licensed?) software speak up. It depends
entirely upon them, since they own all relevant copyrights and patent
claims, correct? If not, I hope the relevant patent owners speak up here
about the language of their patent licenses.

I am as interested as you in learning how GPLv3 will finally resolve such
questions, if indeed it can.

/Larry


> -----Original Message-----
> From: Thomas Lord [mailto:lord@emf.net]
> Sent: Monday, October 09, 2006 1:04 PM
> To: stephen@xemacs.org
> Cc: lrosen@rosenlaw.com; 'Free Software for Business';
> mbeinschlag@rosenlaw.com
> Subject: Re: A Primer on Infringing Patents in Software
> 
> stephen@xemacs.org wrote:
> > Thomas Lord writes:
> >
> >  > The program can technically be modified to allow 1024-bit primes
> >  > but that creates a new program.  No example of "making, using,
> >  > or selling" the *conveyed* program, even within the GPL
> >  > restrictions, can cause it to use 1024-bit primes.
> >  >
> >  > Did the permissions required of RSA in conveying the 16-bit PLP
> >  > necessarily allow the 1024-bit version?
> >
> > I hope a real lawyer will speak up,
> 
> Me too.
> 
> 
> > but IMO the fact that you ask this
> > means you haven't wrapped your head around patents yet,
> 
> The question is not about what is covered by a patent, exactly, but
> rather what kinds of permissions the GPLv3d2 requires the controller
> of a patent to give.
> 
> On its face, GPLv3d2 seems to implicate those permissions with
> copyright law.   The question is whether the implication limits
> copyright law to the function of identifying a set of claims to
> which Alice is giving blanket permission, or whether copyright
> law limits the permissions that Alice must give (and then, "how?").
> 
> 
> > but are still
> > thinking in terms of copyright.  The permissions apply to the claims
> > as written in the patent application, not to the program conveyed.
> >
> >
> >
> 
> 
> 
> -t