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Re: GPL 3 and patents question


From: Bernd Jendrissek
Subject: Re: GPL 3 and patents question
Date: Thu, 2 Feb 2006 13:45:17 +0000 (UTC)
User-agent: tin/1.7.10-20050929 ("Tahay") (UNIX) (Linux/2.6.11.3 (i686))

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In article <87r76nhjcs.fsf@toncho.dhh.gt.org> John Hasler
<john@dhh.gt.org> wrote:
>claudio quotes:
>> "When you distribute a covered work, you grant a patent license to
>> the recipient, and to anyone that receives any version of the
>> work..."
>
>That refers to patents you own and which would otherwise be infringed
>by users of the work.  If you don't own any patents it is irrelevant to
>you.  It would be ridiculous to require that you grant licenses to
>patents you do not control or even know about.

When I read that clause I was also surprised, because I too read it as
implying that one needs to grant patent licences on behalf of patent
holders (how one negotiates such delegation would be another matter).

IANAL so maybe these words do specifically exclude patents one does not
hold oneself, but I wouldn't know - I'm just surprised to read it as it
stands.

- -- 
I've generally found that the fastest way to get the right answer on the net
is to confidently assert the answer you believe to be right; those who know
will immediately correct you, while if you just ask, often no answers arrive.
All it requires is a willingness to look bad on occasion.
                                               - Joe Buck on gcc@gcc.gnu.org
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