[Insight-developers] Patented code

[Stephen R. Aylward]

Also, to clarify - all code in ITK is considered open-source.   You can 
read the terms at the top of any of the header files.   It grants the 
distribution, modification, and use of the code.   That has been the 
case from the start for ITK.   We have never agreed on what to do with 
patented code.  There is no provision for patent code in ITK.

The terms of distribution given at the top of every file in ITK are
"Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:"

The conditions do not limit use in any way.   If a method is patented, 
the terms agreed to by submitting the code to ITK grants the world the 
right to use the method in any form, without paying a fee, including use 
for commercial purposes.

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
>>
>>
> 
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