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Re: GPL 3 and patents question


From: Alfred M\. Szmidt
Subject: Re: GPL 3 and patents question
Date: Wed, 01 Feb 2006 16:30:39 +0100

   Not really. Living in a country which does not have software
   patents, patent law does not concern me a lot. It would only if I
   start selling my software e.g. into the US. And I have to fear only
   a lawsuite from the side of the patent holder.

I buy 1000s copies from you, I go to the US, and sell them.  You are
liable for patent violation, not me.

   Can Person X sue me for violating GPL3 because of that sentence and
   ask me for damages, because e.g. X was sued in the US from the
   holder of a sotware patent?

Since you wrote the software, and you do not hold the patent license,
you cannot grant any rights regarding the patent license.  This
applies to the copyright holder who is also the holder of the patent.

   Does GPL3 really move some burden from contributors in area having
   software patents to contributors in ares not having software
   patents?

The burden has always been on the person who violated the software
patent.




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