[Insight-developers] Patented code

[Stephen R. Aylward]

Have you provided Terry a letter granting its use and distribution?

Stephen

Jay Udupa wrote:

> 
> 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
>>
>>
>