Re: Last Call: <draft-farrell-ft-03.txt> (A Fast-Track way to RFC with Running Code) to Experimental RFC

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Hi,
Please see inline.
Stephan

On 1.14.2013 11:31 , "Marc Petit-Huguenin" <petithug@xxxxxxx> wrote:

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>On 01/14/2013 01:43 AM, Stephan Wenger wrote:
>> Inline. S.
>> 
>> 
>> On 1.14.2013 10:33 , "Marc Petit-Huguenin" <petithug@xxxxxxx> wrote:
>> 
>> On 01/14/2013 01:10 AM, Eggert, Lars wrote:
>>>>> Hi,
>>>>> 
>>>>> On Jan 14, 2013, at 10:08, Marc Petit-Huguenin <petithug@xxxxxxx>
>>>>> wrote:
>>>>>> I think that you underestimate the IETF community, who certainly
>>>>>> know how to see through all the FUD about the GPL.  Sure it may be
>>>>>> a bad idea to literally copy 300 lines of GPL code in your code,
>>>>>> but that does not apply to what we are talking about, which is
>>>>>> reading code.
>>>>> 
>>>>> I have worked for employers before where reading GPL code was
>>>>> considered highly problematic.
>> 
>> Sure, if the IETF is part of your job, and your employer prevents you
>>to 
>> read GPL code (or read Spinoza, or sing under the shower), then do not
>>do
>> it for the IETF.  Now if your employer does not regulate what you do on
>> your own time, then there is no problem here.
>> 
>> If someone said to writers to never read any book that is still
>> copyrighted because they might be contaminated and that may somehow
>>induce
>> them to plagiarize without knowing it, how do you think they would
>>react?
>> 
>>> Many would laugh.  Some politicians in Germany, who were recently
>>>found 
>>> that they plagiarized in the PhD theses, would probably notŠ  Their
>>>risk 
>>> is low, though.
>
>And?  Plagiarizing is extremely wrong.  But preventing people to read
>book is
>not how any sane person would try to solve the plagiarism problem.

I agree.  

>
>And yet that is what is tried - with some success as I discover - with
>software.
>
>> 
>> There is no difference with software - excepted that there a lot more
>> people that would like us to think that software is different.
>> 
>>> This is incorrect.  If you are found to infringe on someone's copyright
>>> in a book you put together, you have a copyright problem (only).  If
>>>you
>>> are found to infringe on certain open source licenses (including the
>>>GPL 
>>> variants, but by no means limited to them), and the rightholder forces
>>> you to take a license, you also have to provide a patent license under
>>> terms you may not like.  Even if you don't take a license, it is quite
>>> possible that you have (by copying GPLed code) provided in implied
>>>patent
>>> license.
>
>Do you have a case to share where that happened with a GPL license?

It has been pointed out to me that the formulation "take a license" above
was misleading, and I agree.  What I meant is that the rightholder forces
you to re-license your code under GPL (what is sometimes called the
"viral" effect of the GPL).

As for your question, I vaguely recall an opinion which upheld the
requirement to grant a patent license for GPLv2(?) code (GPLv2 is not
pointing out the requirement to license patents as clearly as GPLv3 does).
 But I would have to dig,and have limited motivation to do so right now.
As for the implied patent license, I'm not aware of case law.

Stephan

>
>- -- 
>Marc Petit-Huguenin
>Email: marc@xxxxxxxxxxxxxxxxxx
>Blog: http://blog.marc.petit-huguenin.org
>Profile: http://www.linkedin.com/in/petithug
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