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Re: [gNewSense-users] The mp3 issue

From: Jay
Subject: Re: [gNewSense-users] The mp3 issue
Date: Sat, 9 Dec 2006 16:15:15 -0500

I think the following example will clear things up Dean:
If you purchase or receive a mechanical device that is protected by a patent from someone who has a patent licence to make that device, that does not give you the right to start manufacturing a device that does the same thing and selling/giving it away. You bought/received the device, not the patent licence to make the device. That is the fundamental problem with software patents. Patents were NOT designed for software, they were designed for mechanical devices. The idea of a "Software Idea Patent" is utterly ridiculous! After all, it is just mathematics.

On 12/9/06, Dean Linkous <address@hidden> wrote:

--- Anthony Patarini <address@hidden> wrote:

>> Does a end user need a patent license?
> Yes, which Fluendo has already acquired for you, and
> only you.

Why would it be for only me if they are providing the
source code under a MIT/X11 license. Obviously they
have the permission needed to be able to distribute
source so I would think anyone using that source would
automagically be covered. I do not sign, click, or
agree to anything when I get the source code from
fluendo so why would someone I pass it on to not be
covered the same as me.

But I am just being argumentative. You are likely
correct. It just seems to me that fluendo would not be
able to provide the source as a public download IF
some type of patent agreement went with it.

> No. The patent license is not sublicensable in such
> a way. The license,
> as far as "normal" users are concerned, extends only
> to them. Basically,
> if you got the code from Fluendo or an authorized
> distributor, you have
> a patent license. If you didn't get it from an
> authorized source, you do
> not.

Once again, the source is provided by public download
so what would be a "normal" user and what would be a
"non-normal" user?

Okay, so how about a packagea user has to install and
that package is a script that fetches the source code
for the user, compiles it, and then installs it. Would
that make a user a "normal" user? :)

I honestly have no idea and you quite likely are
correct I am just wondering 'what if' stuff.

Thanks for the discussion!

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