European Free Software / US patent issue
Benja Fallenstein
b.fallenstein at gmx.de
Thu Jan 16 18:14:51 UTC 2003
Hi group,
I'm a developer on a FS project [http://gzz.info] which is partially
based on technology that is patented in the US. We're currently trying
to work out how to deal with this in order to remain Free, i.e. whether
we can get a license from the patent holder (aking to the FSF-approved
Open Patent License 2.0), whether we have to switch to a different,
non-patented technology (which would severely impact the character of
our project), etc.
One thing that has been brought up is that the patent is registered in
the US, not, as far as we know, the EU, and that software patents are
officially still-- hum, how to say this-- 'somewhat illegal' here. So,
it seems like there could be a possibility of restricting access to
non-US countries, as provided for by the LGPL clause 12 (don't know
right off my head which clause it is in the GPL). This is obviously not
desirable, but may be an option if we cannot get a patent license.
However, I do not know enough about patent law to have a clue whether or
not US patents are enforcible in Europe and whether the patent holder
could file for a EU patent in addition to the US patent or anything.
Also I have no idea whether or not we can continue to use the Savannah
services for our project if we're forced to add a geographical
limitation to our code's license.
I need some advice here-- not legal advice, obviously, which I guess you
cannot give, but informed opinions. Any comments are appreciated. I hope
that this can be considered more or less on-topic; if anybody has ideas
for a better forum to ask about this, please tell me.
Thank you,
- Benja
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