--------------------------- DISCLAIMER: This email does not contain legal advice. This email also does not establish a solicitor-client relationship. You should neither take nor fail to take any action based on any information in this email. If you have a legal issue, then retain legal counsel. -------------------------- Hi Tristan On 03/14/2014 12:07 PM, Tristan Santore wrote:
On 14/03/14 15:42, Bruno Wolff III wrote:On Fri, Mar 14, 2014 at 11:40:13 -0400, Adam Saunders <adam.saunders@xxxxxxxxxxxx> wrote:The command line installation instructions for the patent-encumbered Z-Push and notes about RPMFusion don't seem to me to be much of an issue, given the above policy. The instructions state explicitly that the package is not part of Fedora due to patent restrictions, and notes that RPMFusion is located on servers in Europe; the language implies that Z-Push may not be patent-encumbered in at least some parts of Europe: "Z-Push is not available in Fedora, because Exchange ActiveSync is patented by Microsoft in several regions including the United States. Software which is legally encumbered, cannot be included in Fedora, because it conflicts with our foundations. But Z-Push is available in RPM Fusion, a third party repository legally located in Europe."Thanks for looking at it. _______________________________________________ legal mailing list legal@xxxxxxxxxxxxxxxxxxxxxxx https://admin.fedoraproject.org/mailman/listinfo/legalDoes the small issue of contributory infringement not apply here ?
That's an excellent question, which at the moment I do not have the time to answer fully. I want to remind the readers of this mailing list that the following is NOT LEGAL ADVICE as per the disclaimer above. The relevant statutory law appears to be 35 US Code 271(c (http://www.law.cornell.edu/uscode/text/35/271). My limited understanding of the relevant caselaw interpreting that section is that so long as a software-package-without-infringing-plugin is usable for lawful purposes, the mere fact that said package supports a patent-infringing plugin for another, patent-infringing use, is NOT enough for a court to determine that contributory infringement has taken place.
Thanks, Adam Saunders
Regards, Tristan
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