Changeset - 57b7cc24030d
[Not reviewed]
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Tony Sebro (keynote2k) - 10 years ago 2014-03-19 16:38:36
tony@sfconservancy.org
Committed additional changes; still have more to do on implied patent license.
1 file changed with 10 insertions and 7 deletions:
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gpl-lgpl.tex
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@@ -1882,16 +1882,19 @@ with respect to the licensed software.
 

	
 
For example, if Company \compA{} has a patent on advanced Web browsing, but
 
also licenses a Web browsing software program under the GPLv2, then it
 
cannot assert the patent against any party that takes a license to its
 
program under the GPLv2. However, if a party uses that program without
 
complying with the GPLv2, then Company \compA{} can assert, not just copyright
 
infringement claims against the non-GPLv2-compliant party, but also
 
cannot assert the patent against any party based on that party's use of 
 
Company \compA{}'s GPL'ed Web browsing software program, or on that party's
 
creation and use of derivative works of that GPL'ed program.  However, if a
 
party uses that program without
 
complying with the GPLv2, then Company \compA{} can assert both copyright
 
infringement claims against the non-GPLv2-compliant party and
 
infringement of the patent, because the implied patent license only
 
extends to use of the software in accordance with the GPLv2. Further, if
 
Company \compB{} distributes a competitive advanced Web browsing program,
 
Company \compA{} is free to assert its patent against any user or
 
Company \compB{} distributes a competitive advanced Web browsing program 
 
that is not a derivative work of Company \compA{}'s GPL'ed Web browsing software
 
program, Company \compA{} is free to assert its patent against any user or
 
distributor of that product. It is irrelevant whether Company \compB's
 
program is distributed under the GPLv2, as Company \compB{} can not grant
 
program is also distributed under the GPLv2, as Company \compB{} can not grant
 
implied licenses to Company \compA's patent.
 

	
 
This result also reassures companies that they need not fear losing their
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