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Re: The GPL and Patents: ROFL

From: Alan Mackenzie
Subject: Re: The GPL and Patents: ROFL
Date: Wed, 08 Dec 2010 16:00:34 -0000
User-agent: tin/1.6.2-20030910 ("Pabbay") (UNIX) (FreeBSD/4.11-RELEASE (i386))

In gnu.misc.discuss RJack <> wrote:
> On 8/20/2010 2:55 PM, Hyman Rosen wrote:
>> On 8/20/2010 2:24 PM, RJack wrote:

>>> Whatever happened to your claim, "The GPL does not prevent anyone
>>> from using patented ideas in a copyrighted work."?

Well it clearly doesn't, if it's the patent holder whose enhancing a
GPL'd program.  If the patent holder decides instead not to use his
patent within GPL, then it is his decision.  If you want to attribute
that excercise of personal choice to the GPL, it's kind of wearing a bit

>> The patent holder is the one who may prevent you from practicing the
>> patent, in any work no matter how licensed.

>> If you wish to copy and distribute software under the GPL which
>> practices a patent and for which you have obtained permission from
>> the patent holder, then you must arrange for that permission to be
>> extended identically to all downstream recipients who use, copy, and
>> distribute the software under the GPL.

> In other words you claim the GPL controls patented ideas, your tortured 
> denials notwithstanding.

No, he clearly fails to make that claim.  The GPL is not an animate
being, therefore isn't in a position to control anything.

> Sincerely,
> RJack :)

Alan Mackenzie (Nuremberg, Germany).

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