> M-Systems is off the wall. They will not release source to the drivers because
> they "need to protect the patents surrounding their technology".
>
> #1 Any so called patents surrounding a flash memory device like this are
> dubious at best.
>
> #2 All patents are public to begin with, and the whole point to a patent
> is to afford them this protection.
3. Any modification to GPL'ed code that contains anything patented
(unless patent is licensed in a manner compliant with GPL), is
illegal to distribute because GPL disallows any code modification that
places additional restrictions on license terms. Static linking is
modification.
4. Binary-only distribution is a separate violation of GPL.
This may be a good cause for a lawsuit (most likely about a breach of
contract, and possibly about copyright infringement, but IANAL to
precisely define charges) that will establish a precedent for legal
enforcement of GPL terms. It will be nice if such distribution will be
removed from production/support (=> class action lawsuit from users that
lost support, or replacement of sold copies/devices), or, better, patent
will be explicitly re-licensed for any use in GPL/LGPL software that is
required for compliance of the original software with GPL terms.
I have strong suspicion that patent doesn't exist, or will be considered
invalid after any attempt of legal action over it, and trade secrets are
not protected when they constitute copyright infringement or breach of
contract, so the position of M-Systems is probably even weaker than with
patent issued.
-- Alex---------------------------------------------------------------------- Excellent.. now give users the option to cut your hair you hippie! -- Anonymous Coward
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