[Top][All Lists]

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

Re: gpl as applied to ideas

From: Alfred M. Szmidt
Subject: Re: gpl as applied to ideas
Date: Thu, 7 Dec 2006 12:34:49 +0100 (CET)

    > It doesn't matter what the copyright license on the program is
    > because copyright does not apply to ideas and concepts.

   Very perceptive! That's why the GPL is powerless to effect software
   patents in source code.

The GPLv2 might be, but the GPLv3 will not.

GPLv3 Draft from 2006-07-27:
| 11. Patents.
|    You receive the Program with a covenant from each author and
|    conveyor of the Program, and of any material, conveyed under this
|    License, on which the Program is based, that the covenanting
|    party will not assert (or cause others to assert) any of the
|    party's essential patent claims in the material that the party
|    conveyed, against you, arising from your exercise of rights under
|    this License. If you convey a covered work, you similarly
|    covenant to all recipients, including recipients of works based
|    on the covered work, not to assert any of your essential patent
|    claims in the covered work.
|    If you convey a covered work, knowingly relying on a
|    non-sublicensable patent license that is not generally available
|    to all, you must either (1) act to shield downstream users
|    against the possible patent infringement claims from which your
|    license protects you, or (2) ensure that anyone can copy the
|    Corresponding Source of the covered work, free of charge and
|    under the terms of this License, through a publicly available
|    network server or other readily accessible means.
|    Nothing in this License shall be construed as excluding or
|    limiting any implied license or other defenses to infringement
|    that may otherwise be available to you under applicable patent
|    law.

   Sec. 102(b) In no case does copyright protection for an original work of
   authorship extend to any idea, procedure, process, system, method of 
   operation, concept, principle, or discovery, regardless of the form in 
   which it is described, explained, illustrated, or embodied in such work.

This states what you type of works you cannot copyright, which has
nothing to do with extending the license to touch upon other works
that are protected by law.  It is the difference between saying `I
copyright coffe mugs' (which you cannot, since it is a idea/concept),
and `If you use this original work you need to give me a coffe mug'.

reply via email to

[Prev in Thread] Current Thread [Next in Thread]