[Asterisk-Users] Re: Help with GPL license of Asterisk

Jan Rychter jan at rychter.com
Thu Oct 23 17:17:21 MST 2003


>>>>> "Gerald" == Gerald Henriksen <ghenriks at rogers.com> writes:
 Gerald> On Thu, 02 Oct 2003 11:26:56 -0700, Jan Rychter
 Gerald> <jan at rychter.com> wrote:

 >> Having worked with GPL software quite a bit, also in the commercial
 >> world, and having gotten some legal advice, I believe that the
 >> "anti-patent" clauses in the GPL and LGPL are quite possibly the
 >> biggest problem preventing the use of GPL'd software by commercial
 >> entities, much bigger than the "pass on the source and the rights"
 >> requirement.

 Gerald> Not really.  Certainly it hasn't stopped lots of companies big
 Gerald> and small from releasing GPL software.

 >> As I understand it (and as my legal counsel advises me) this
 >> effectively means that if I distribute GPL/LGPL code, I have to make
 >> sure that its distribution and re-distribution is not restricted by
 >> patents (or other restrictions).

 Gerald> No, simply because that would be impossible (both because you
 Gerald> would never be able to program given the number of patents you
 Gerald> would have to search, and because it is entirely probable that
 Gerald> no software is entirely patent free).

 Gerald> What you can't do is knowingly license some source
 Gerald> code/software under the GPL/LGPL if you are already aware of
 Gerald> any patent or other issues that would in any way conflict with
 Gerald> the redistribution of that code.

Where does it say "knowingly" in the GPL/LGPL text?

I understand what you mean, I just think your interpretation of the GPL
is different, and I do not agree with it.

--J.
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