Fedora - DELL ?

Andy Green andy at warmcat.com
Fri Mar 16 19:11:35 UTC 2007


Les Mikesell wrote:
> Andy Green wrote:
>>
>>> That's a valid point, but in the US anyone can sue anyone else over 
>>> just about anything and it's not over till the appeals are used up.  
>>> How can you be sure that someone won't claim ownership of some 
>>> obscure parts of Linux and sue over that - again?
>>
>> What is your point here?  Because on any given car journey you might 
>> get rear-ended you should just revv it up and drive it into a wall?
> 
> My point is that the mp3 patent suit against Microsoft is an oddball 
> case, not really settled yet, and not relevant to the real issue which 
> is how to legally obtain the components you need to use together.

Yeah 'oddball' like Eolas.  'Oddball' like blackberry.  That is what 
patent attacks look like.  Your point was ''How can you be sure that 
someone won't claim ownership of some obscure parts of Linux and sue 
over that - again?'' which is no point at all but some kind of FUD.

>> If MSFT have a secret stock of attack patents that can't be helped.  A 
>> Meteorite could land on our heads any time.  But for sure MP3 will get 
>> someone like Redhat attacked at the moment seeing as Microsoft are 
>> attacked successfully.
> 
> Exactly, so the question for any potential user is, how do they get a 
> complete, legal system that does everything they need and are willing to 
> meet the licensing requirement for.  In the mp3 case I'm perfectly 
> willing to spend some small amount towards licensing and in fact have 
> (probably like most of us) done so as a part of the cost of several 
> devices and OS's.  I'm not particularly interested in arranging my own 
> licensing with some vast number of individual copyright/patent holders 
> though, so what is the appropriate way to do this and deliver it 
> together with GPL'd content?

The straight answer to that depends on what patents your "GPL'd content" 
crosses.  Because it is GPL'd, there should be no copyright law exposure.

One of the attractive features of working with a RHAT-based distro is 
that they were on the ball about this a long time ago and already did 
considerable work to filter what they issue.  "No MP3" is in that sense 
a huge feature for Fedora, not a problem.  Since RHAT are cash-rich last 
time I looked, they are in far more danger of a patent attack than you 
or I.  If they have had their lawyers look at what they are distributing 
and rated the danger acceptable, this is a good sign that smaller 
companies shipping the same should be OK.

Like Rahul pointed out you can go to Fluendo and then you have somebody 
to pay, but there is no guarantee you paid everybody with an interest in 
what you're shipping, as Microsoft found out.  So there is no certainty 
in the world.  (Tuna and pasta was for tea).

-Andy




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