[Asterisk-biz] Asterisk Ffork - OpenPBX.org

[trixter http://www.0xdecafbad.com]

On Tue, 2005-10-11 at 09:29 -0500, Kevin P. Fleming wrote:
> trixter http://www.0xdecafbad.com wrote:
> 
> > Yes I understand that there would need to be two versions *or* digium
> > gives free licenses to people who can be verified in places where
> > software patents dont exist.  However becuase digium is in a place where
> > they do I bet that it would be legally impossible for them to provide
> > free licenses to those in say the EU (and aparently AU).
> 
> That would only be possible if we could somehow guarantee that those 
> patent indemnification licenses were _always_ going to be used in the 
> country of purchase, which is impossible.
> 

I would have thought it would be impossible becuase you are in a
software patent country, and as such a legal argument could be made that
the sale happened here and you didnt collect, thus putting you on the
hook for the $10/seat.

Without a deliverable the best you could do is go based on IP which with
VPNs, proxies, and such you cant really verify that the person is in a
different country or even for that matter a different office building.

> At this time, Sipro and the consortium are operating under the belief 
> (right or wrong) that their patents apply worldwide because they are not 
> software patents. In fact, the patents themselves include no source 
> code, they are only algorithms, which could be implemented in a variety 
> of ways (software, custom silicon, abacus <G>). Any implementation of 

As I understand it at least in the UK that isnt enforcable.  I havent
read the specific UK law to know for sure, but its a rumor that is going
around.  Patents in the UK have to be something more tangible than a
method, formulae, etc.  I dont know if that is true of the EU in
general, but its a moot point since you wouldnt be able to sell them
anyway, I was just curious if you could/would.  That now has been
answered :)


-- 
Trixter http://www.0xdecafbad.com     Bret McDanel
UK +44 870 340 4605   Germany +49 801 777 555 3402
US +1 360 207 0479 or +1 516 687 5200
FreeWorldDialup: 635378
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