Re: [OT] use of patented algorithms in the kernel ok or not?

[Helge Hafting]

On Sun, Dec 21, 2003 at 02:33:38PM -0500, Stan Bubrouski wrote:
> 
> What about the legal ramifications in the US of distributing code using
> an algorithm that is covered by a patent without permission.  What are
> we gonna just not distribute the kernel in the US at all?  Cause that's
> the only way to safely do what you all keep blathering about without a
> license.  By putting the code in the kernel you are putting us in the US
> at risk, someone could argue you are giving people a means to violate a
> patent in the US...not something you want to be doing!
> 
Hard to say, but consider this:
Something patented is _not_ a secret, and therefore not a trade secret.
Anything patented can be looked up in the patent databases by anybody.
So there cannot be any problem with distributing this patented knowledge.

Using it is another matter, but it is up to the user not to disable
CONFIG_USA within us jurisdiction.

Helge Hafting


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