Microsoft prohibits GPLed work via licensing of CIFS standards

Xavi Drudis Ferran xdrudis at tinet.org
Sun Apr 7 11:06:58 UTC 2002


El Sun, Apr 07, 2002 at 12:37:34PM +0200, Simo Sorce deia:
> 
> I want also reassure some people on the destiny if Samba.
> Samba has been made without that specification and we are not going to
> read it so we are not bound to those terms as far as I know.
>
I don't think readingit makes any difference about patents. 
Your strategy should work with copyright.
 
> And note that the conditions posed are not a license, they form a
> contract. Copyright laws do not permit a license to dictate the license
> of other (non derivative) works, and as far as I know also the patents
> law do not permit that (but of course a licensor may impose the

The patent laws forbid commercialisation of indepently developed 
(non derivative)
solutions falling under the patent claims unless you get a license
from the patent holder. You don't even need to know the patent 
or the invention exist, or how to license it. They can sue you all the same. 

> Hopefully we have some chances to avoid patents on software in Europe.
> 
Yes, as long as we do,  you'll be right.  

IANAL

-- 
Xavi Drudis Ferran
xdrudis at tinet.org



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