[PLUG] patents and GPL software

Dean S. Messing deanm at sharplabs.com
Thu Apr 4 01:30:26 UTC 2002


Count on you to not only _not_ answer my question but, in addition,
(i) to completely ignore my simple request and (ii) to give me a lot
of un-asked-for "advice".  Sheesh.

FYI, I was having an "academic discussion" with a colleague about the
question and I thought that one of the legal eagles on PLUG might know
the answer.

I put my request at the end precisely to AVOID the sort of OFF TOPIC
discussion that I forsaw might occur if it weren't there.

Over and out.

Jeme Brelin writes:
 :: On Wed, 3 Apr 2002, Dean S. Messing wrote:
 :: > Question:  if I add patented technology to a GPL project and release
 :: > such under the GPL, is it true that I relinquish my rights to charge a
 :: > royalty for that patented technology?
 :: >
 :: > Paragraph 2b of the GPL seems to indicate this, but I'm not a lawyer.
 :: 
 :: > I would appreciate responses only from those who actually _know_ the
 :: > answer.  I don't want to start a big speculative meta-legal
 :: > discussion.
 :: 
 :: My first question is, "Why would you release something you've patented
 :: under the GPL?"
 :: 
 :: I mean, if you want to GPL it, don't patent it.  You've already
 :: established prior art and can (given sufficient financial backing)
 :: destroy any subsequent patent claim on the technology.
 :: 
 :: And if you want patent control, don't GPL it.  The GPL grants a license
 :: 
<snip>
 ::      Jeme A Brelin





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