[Python-Dev] Re: Recent IBM Patent releases
Terry Reedy
tjreedy at udel.edu
Thu Jan 13 00:22:47 CET 2005
"Scott David Daniels" <Scott.Daniels at Acm.Org>
> IBM has recently released 500 patents for use in opensource code.
>
> http://www.ibm.com/ibm/licensing/patents/pledgedpatents.pdf
>
> "...In order to foster innovation and avoid the possibility that a
> party will take advantage of this pledge and then assert patents or
> other intellectual property rights of its own against Open Source
> Software, thereby limiting the freedom of IBM or any other Open
> Source developer to create innovative software programs, the
> commitment not to assert any of these 500 U.S. patents and all
> counterparts of these patents issued in other countries is
> irrevocable except that IBM reserves the right to terminate this
> patent pledge and commitment only with regard to any party who files
> a lawsuit asserting patents or other intellectual property rights
> against Open Source Software."
The exception is, of course, aimed for now at SCO and their ridiculous
lawsuit against Linux and IBM with respect to Linux.
from another post
> I believe our current policy is that the author warrants that the code
> is his/her own work and not encumbered by any patent.
Without a qualifier such as 'To the best of my knowledge', the latter is an
impossible warrant both practically, for an individual author without
$1000s to spend on a patent search, and legally. Legally, there is no
answer until the statute of limitations runs out or until there is an
after-the-fact final answer provided by the court system.
Terry J. Reedy
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