Re: Software patents and FreeBSD

Hi,

Bryan Maynard wrote:
> On Saturday 09 July 2005 08:31 pm, David Kelly wrote:
> 
>>On Jul 9, 2005, at 8:03 AM, Bryan Maynard wrote:
>>
> So far neither of us have answered the inital question: "How would software 
> patents effect an Open Source project like FreeBSD?"
> 
It will affect FreeBSD like any other operating system.

But does FreeBSD make use of those inventions?

I would say FreeBSD does not use patented methods. Applications might 
use them.

What can be done to make patent null and void at least to extent that 
they do not affect FreeBSD?

There are two ways. The first way covers existing patent, the second way 
protects from future patents.

A patent is only valid on one country. The owner of patent can apply for 
the same patent within the first year of registration. The idea 
protected in a patent can be freely used in any other country.

If FreeBSD has to use patented methods, it can host the software for it 
in countries without protection for that idea.

The method to avoid future patents to affect FreeBSD would be a list 
'ideas' where ideas are discussed. Even if they idea is then never used, 
it also is not possible to get a patent for this idea as the mailing 
list is published at the Internet creating prior art.

Dicussing ideas openly is a simple and cheap method to fight patents. No 
matter how ridicules an idea sounds, just discuss it openly.

If FreeBSD implements later the same idea, no patent granted later as 
thre publication can be used against FreeBSD.

Erich
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