GPLv2 is one of the most widely used FOSS licenses, if not the most. It is the license for some of the most important and commercially valuable FOSS projects, including the Linux kernel, whose contributors include such uncomfortable bedfellows as Oracle and Google, Intel and AMD, and Cisco and Huawei. If XimpleWare is right, and a license under GPLv2 offers no protection from the licensor's patents, Linux would be a landmine for these companies, and really for any company with fewer patents than IBM.
Even without an explicit patent grant, lawyers advising businesses on FOSS issues generally agree that GPLv2 protects licensees (at least those in compliance with the license terms) from patent suits by licensors. This is because the law provides for an implied license (or judicial estoppel) where a licensor's conduct leads the licensee to believe it will not be sued, or where fairness otherwise demands that the licensor should be prevented from suing. Because the GPL encourages licensees to copy, modify, and distribute the licensed software—all conduct that would infringe any patents on the software absent a license—licensees can reasonably expect that the software's producers won't sue them for doing those things. (Adam Pugh and Laura A. Majerus of Fenwick & West discuss GPLv2's implied patent license in greater detail in this paper.)
Hello. I am a rising Third Year law student at SMU Dedman School of Law in Dallas, TX. I am working hard to master the technical aspects of law, electronics, and software. My current interests involve protecting individuals and investigating new technology, particularly in the communications field by utilizing licenses for authorship, art, and inventions. Prior to law school, I attained a bachelor's degree in History at the University of Texas at Dallas.
Licensing is where I began to be involved with free software; the FSF in particular utilizes a great strategy of working within the current licensing jurisprudence by using copyleft to support freedom and empowerment for users over their computers and software. My computer science skills are lacking, but I have worked with UNIX systems in the past and am now finally feeling comfortable enough to make a permanent switch to enjoy software on my own terms. Other interests include electronics and travel (with a trip planned to Eastern Europe later this year).
We've been watching with great interest this week as the travails of FOSS organizations with the US Internal Revenue Service have become a hot topic. When our client, Jim Nelson of Yorba, discussed blogging about the IRS rejection of Yorba's application for 501c3 status with us, we hoped but did not expect that the situation, to which we had discreetly called community and company attention for years, would finally receive some. We're very glad that's now happening. Unfortunately, it's really too late. Because of the long delays in determination imposed by the IRS in its increasingly anti-FOSS positioning, neither the full consequences of the IRS's present position nor the state of our legal technology in response can be seen from the materials currently under discussion.
The company then assessed "Microsoft’s alleged Android portfolio and commercially scored the U.S. granted patents using M-Cam’s commercial asset underwriting systems. This assessment measured the commercial strength and transferability of each patent. Commercial patents are linked directly with cash flows and may have a basis for licensing."
For Karen Sandler, software freedom isn't simply a technical matter. Nor is it a purely ideological one.
It's a matter of life and death.
Sandler, Executive Director of the non-profit Software Freedom Conservancy, says software freedom became personal when she realized her pacemaker/defibrillator was running code she couldn't analyze. For nearly a decade—first at the Software Feedom Law Center, then at the GNOME Foundation before Conservancy—she's been an advocate for the right to examine the software on which our lives depend.
Using the US Digital Millenium Copyright Act (DMCA), Qualcomm has forced GitHub to take down over 100 Git repositories on the basis of "Cyveillance has recently discovered the unauthorized publication, disclosure, and copying of highly sensitive, confidential, trade secret, and copyright-protected documents on the below web site. Specifically, we have confirmed that the documents whose locations and filenames identified below are confidential and proprietary to Qualcomm and were posted without Qualcomm’s permission."
I believe what the IRS is inadvertently requiring here is copyright assignment. Since Yorba does not require copyright assignment from our contributors, the IRS appears to think our software cannot be a public work.
Copyright assignment is controversial in the free software community. (A nice overview can be found here; the controversy up-close and in-person can be found here and here.)
I hope I’m wrong about this. I doubt they’re going to start enforcing this in the future for organizations that already enjoy exemption. If they do, it will be a royal mess for those projects having to contact every author of every non-trivial contribution and get them to sign over their rights. This is all a big if, of course.
The situation then is substantially similar to the situation today. The key difference is that some of Google's affirmative defenses to claim non-infringement have been eliminated by this new ruling. The FSF now sincerely hopes for the next best thing to Alsup's original ruling: that Google is successful in its fair use defense.
Notwithstanding our support of Google's fair use defense, the FSF urges caution to all prospective Android users. Even though the core of the Android system is free, every Android device sold comes pre-loaded with a variety of proprietary applications and proprietary hardware drivers. The FSF encourages users to support the development of Replicant, a distribution of Android that is 100% free software. The FSF also encourages users of any Android-based system to install F-Droid, a free replacement for the Google Play app that allows users to browse, install, and receive updates from a repository of free software Android apps. Replicant uses F-Droid as its default repository.
The long and drawn out battle between Samsung Electronics and Apple over the ownership of various intellectual properties may be coming to a close.
According to The Korea Times Samsung and Apple have resumed discussion of settling their patent disputes. Recent developments such as Apple’s deal with Google show that times may be changing on how these types of disputes are handled. There is a different air surrounding these discussions compared to the countless court battles and negotiations that preceded.