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Re: GPL 3 and patents question


From: Barry Margolin
Subject: Re: GPL 3 and patents question
Date: Tue, 31 Jan 2006 21:26:43 -0500
User-agent: MT-NewsWatcher/3.4 (PPC Mac OS X)

In article <address@hidden>,
 Claudio Nieder <address@hidden> wrote:

> Let's say I take GPLv3ed Program xyz and add to it some code. I don't
> conduct any investigation about wether my code infringes on any patents,
> as in Switzerland this is a non-issue. So I give modified xyz to a friend
> here in Switzerland, who gives it to person X who lives in the USA.

Section 12 says "if a patent license would not permit royalty-free 
redistribution by all those who receive copies directly or indirectly 
through you, then the only way you could satisfy both it and this 
License would be to refrain entirely from distribution."  However, 
Section 13 contains the following way to get around this in your case: 
"If the distribution and/or use of the Program is restricted in certain 
countries either by patents or by copyrighted interfaces, the original 
copyright holder who places the Program under this License may add an 
explicit geographical distribution limitation excluding those countries, 
so that distribution is permitted only in or among countries not thus 
excluded."

-- 
Barry Margolin, address@hidden
Arlington, MA
*** PLEASE post questions in newsgroups, not directly to me ***
*** PLEASE don't copy me on replies, I'll read them in the group ***


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