[Insight-developers] Patented code

Jay Udupa jay at mipg.upenn.edu
Wed Sep 29 17:15:30 EDT 2004


I thought there is a mechanism that has already been incorporated to 
handle implementations of patented methods. Fuzzy connenctedness 
definitely belongs to that category since I hold a patent on that method.

Jay Udupa
____

Stephen R. Aylward wrote:

> 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
>
>



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