[Insight-developers] Patented code

[Stephen R. Aylward]

I just spoke with a patent lawyer.

By distributing patented methods as code we are technically commiting a 
crime called "contributory infringement."   Even if we don't use the 
code ourselves, we are making it easier for others to do so.   No amount 
of documentation or disclaimer insulates us.  Being "open source" does 
not insulate us.   If someone notifies us that some code is patented, as 
someone just did regarding ICP, and we do nothing, then additional laws 
are being broken.

We must have written permission from the patent holder to distribute any 
code that implements a method covered by a patent.  In the event that 
the patent holder has granted an exclusive licenced of any portion or 
application of the patented technology, then we also need to get written 
permission from that licensee.

Seems like this is a huge headache.  As Bill has been telling us :)

It seems like we should not take on the burden of getting permission.

Option 1:
Anyone who contributes code must attain permission.   That permission is 
likely to have stipulations regarding the conditions of distribution 
(patented directory, etc.).  Are we willing to adapt our 
distribution/directory to fit requirements as they develop?

Option 2:
We don't allow patented code.

Other options?  Comments?

Stephen


-- 
===========================================================
Dr. Stephen R. Aylward
Associate Professor of Radiology
Adjunct Associate Professor of Computer Science and Surgery
http://caddlab.rad.unc.edu
aylward at unc.edu
(919) 966-9695