[asterisk-biz] Selling the source code for asteriskcallcentersolution

Jeffrey C. Ollie jeff at ocjtech.us
Wed May 24 20:23:57 MST 2006


On Wed, 2006-05-24 at 14:37 -0500, Kevin P. Fleming wrote:
> BJ Weschke wrote:
> 
> > Technologies that are patent protected, by default, cannot be GPL'd
> > unless the patent holder grants license for someone to do so. Your
> > example just isn't valid.
> 
> That is not true. Patented technology can exist in a GPL-licensed
> product, but use of that product mandates payment of patent license fees
> to the patent holder(s). Patents do not restrict the distribution of
> technology, only the use of it.

Actually, the GPL can and does restrict the use of patented technology
in a GPL licensed product.  See section 7 of the GPL.

However, Digium is the holder of the copyright to the Asterisk code or
has "a non-exclusive, royalty-free and non-cancellable right to use
changes and/or enhancements made to [...] Asterisk".  Digium can
therefor offer all (Asterisk Business Edition) or part (G.729 codec) of
Asterisk under a different license, even a non-commercial one.

On the other hand, I'm not a lawyer and I'm betting that most of you
reading this are not lawyers either.  Rather than continuing this flame
fest I think that it'd be better if everyone sat back and have a few
cold ones.  Then, if you really want to continue this discussion spend a
few bucks on a lawyer conversant with intellectual property law.

Jeff


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